Md. Jakir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61354 of 2025 Arising Out of PS. Case No.-253 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Md. Jakir S/o Md. Hasim R/o Village- Suratpur, P.S.- Muffasil, DistrictSamastipur 2.
Md. Hasim S/o Late Md. Jahir R/o Village- Suratpur, P.S.- Muffasil, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Sections 126(2), 115(2), 76, 109, 324(4), 303(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The allegations in the first information report is that the accused persons including the petitioners being armed with arms, entered into the courtyard of the informant and petitioner no.2 assaulted the informant on his head and when the informant's daughter came to protest, petitioner no.1 also assaulted with sticks.
Patna High Court CR. MISC. No.61354 of 2025(3) dt.15-11-2025 2/3
4. Learned counsel for the petitioners submits at the outset that the informant is the own brother of the petitioner no.1 and uncle of petitioner no.2. It was on account of a family dispute that the present occurrence had taken place in the nature of free fight between the parties and in the said transaction wife of the petitioner no.1 also sustained some injuries. The petitioner no.1 is said to have caused injuries to the informant, however the injuries of both the injured persons are a part of the case diary which reveal that while the informant's daughter has sustained only a pain in the right hand, the informant himself has sustained two lacerated injuries which are simple in nature caused by hard and blunt substance.
5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the first information report.
6. Taking into account the facts and circumstances and also considering that the petitioners are own brother and the nephew of the informant having a family dispute coupled with the fact that no serious injuries have been caused in the fight and the petitioner has been languishing in custody since 09.06.2025 with clean antecedent and charge-sheet having been submitted, the above named petitioners are directed to be enlarged on bail
Patna High Court CR. MISC. No.61354 of 2025(3) dt.15-11-2025 3/3 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Muffasil P.S. Case No.253 of 2025. (Soni Shrivastava, J) anand/- U T