Md. Mehdi Hassan @ Mehandi Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57439 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Md. Mehdi Hassan @ Mehandi Hassan S/o- Late Idrish Resident of VillageNarayanpur, P.S.- Manigachhi, Dist- Darbhanga 2.

Md. Soaib S/o- Md. Mehdi Hassan @ Mehandi Hassan Resident of VillageNarayanpur, P.S.- Manigachhi, Dist- Darbhanga 3.

Md. Phool Babu S/o- Md. Mustafa Resident of Village- Narayanpur, P.S.- Manigachhi, Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Manigachhi P.S. Case No. 143 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 117(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 109 of the Bharatiya Nyaya Sanhita, 2023 was added.

3. The prosecution case, in short, is that the petitioners along with other co-accused persons apprehended informant's brother and assaulted him by means of lathi, rod, fat, mukka with an intention to kill him due to which he sustained injuries.

Patna High Court CR. MISC. No.57439 of 2025(2) dt.22-08-2025 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are general and omnibus in nature. It is further submitted that the informant is not an eye witness to the said occurrence because informant's brother had met with an accident and at that time the informant was out of station. When the informant returned back to his house, then he took advantage of his brother's accident and falsely implicated the petitioners. The petitioners have got no criminal antecedent. Learned counsel for the petitioners further submits that similarly situated co-accused have been granted regular bail by this Court vide order dated 07.07.2025 passed in Cr. Misc. No. 40736 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two

Patna High Court CR. MISC. No.57439 of 2025(2) dt.22-08-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manigachhi P.S. Case No. 143 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T