Md. Danish @ Md. Janishar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59005 of 2025 Arising Out of PS. Case No.-478 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Md. Danish @ Md. Janishar S/o- Md. Sahadat R/o- Village- Ward No. 02 Near Maszid Barheta PS- Laheriasarai Distt- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the State :
Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Bahadurpur P.S. Case No. 478 of 2024, dated 19.11.2024, registered for the offences punishable under Sections 126(2), 115(2), 308(2), 303(2), 352, 351(2) and 3(5) of B.N.S., 2023.
3. As per allegation, the informant has been assaulted by the accused persons, including the petitioner by knife on his head.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged injury is simple in nature and hence, offence of attempt to murder is not made out.
Patna High Court CR. MISC. No.59005 of 2025(2) dt.09-09-2025 2/3 At most, it is a case of simple hurt.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Bahadurpur P.S. Case No. 478 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after
Patna High Court CR. MISC. No.59005 of 2025(2) dt.09-09-2025 3/3 hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T