Mumtaz Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61986 of 2025 Arising Out of PS. Case No.-134 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Mumtaz Khan S/O Ehsan Ali Village- Brahampur, P.S.- Bhagwan Bazar, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Dr. Mrityunjaya Kr. Gautam, A.P.P.
For the Informant :
Mr. Chandra Mohan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2025 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Bhagwan Bazar P. S. Case No. 134 of 2025 in a case registered for the offences punishable under Sections 115(2), 126(2), 109, 118(1), 308(3), 303(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita to which Section 103 BNS was added later on.
3. As per the prosecution case, all the F.I.R. named accused persons, including this petitioner, assaulted informant, his nephew and his neighbour by means of knife as a result of which they sustained injuries and nephew of the informant died during course of treatment.
Patna High Court CR. MISC. No.61986 of 2025(3) dt.10-11-2025 2/2
4. Learned counsel for the petitioner submits that specific accusation of assault is against co-accused Kamran, Chhote, Fahim and Tausif. So far this petitioner is concerned, allegation of assault against him is general and omnibus and there is no specific accusation of overt act against him. Petitioner claims clean antecedent and is in custody since 13.03.2025.
5. However, learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of accusation, clean antecedent and period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Bhagwan Bazar P. S. Case No. 134 of 2025.
(Prabhat Kumar Singh, J) Navya/- U T