Md. Riyaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60562 of 2025 Arising Out of PS. Case No.-231 Year-2025 Thana- BIHAR District- Nalanda ====================================================== 1.
Md. Riyaz S/o- Md. Jamal Village- Chainpura PS-Bihar Dist- Nalanda 2.
Md. Nehal S/o- Md. Jamal Village- Chainpura PS-Bihar Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Afzal Karim, Advocate For the State :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged by the informant that co-accused Md. Imtiyaz pulled the duppta of the informant's daughter when she was on her way. It is further alleged that when the informant, along with her son and daughter, went to complain, all the accused persons named in the F.I.R., including these petitioners, assaulted the informant, her son and daughter.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.60562 of 2025(4) dt.02-12-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. As a matter of fact, both parties are Gotiya and the present case is counter blast to Bihar P.S. Case No. 230 of 2025 which was lodged by petitioner's side which is earlier in point of time. Moreover, similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 21.08.2025 passed in Cr. Misc. No. 51377 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties and claim based on parity, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.60562 of 2025(4) dt.02-12-2025 3/3 Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 231 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T