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Patna High CourtCR. MISC./61025/2025bail granted

Md Hussain @ Muhamad Hussain @ Guddu Miyan v. The State Of Bihar

2025-09-10Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61025 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== 1.

Md Hussain @ Muhamad Hussain @ Guddu Miyan Late Salim Miyan @ Md Salim Miyan R/o Village and Post - Chandanpura, P.S. - Tilauthu, District - Rohtas.

2.

Akhtar Miya Son of Late Salim Miyan @ Md. Salim Miyan R/o Village and P.O. - Chandanpura, P.S. - Tilauthu, Dist. - Rohtas. 3.

Md. Asgar @ Asgar Miyan @ Md. Asgar Miyan Son of Late Salim Miyan @ Md. Salim Miyan R/o Village and P.O. - Chandanpura, P.S. - Tilauthu, Dist. - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashwani Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-09-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Tilauthu Police Station Case No. 69 of 2025, disclosing offences under Sections 126(2), 115(2), 191(2), 190, 109, 132, 351(2) and 352 of B.N.S.

3. As per the prosecution, FIR has been lodged against 18 named and 5-6 unknown accused persons including the present petitioners against whom there is allegation that the dispute was going on between the Hindu

Patna High Court CR. MISC. No.61025 of 2025(2) dt.10-09-2025 2/3 and Muslim community for a hut, but when the police reached at that place, 7 persons were apprehended and subsequently, the name of the petitioners have been disclosed by the chaukidar.

4. Learned Counsel for the petitioners submit that petitioners are innocent and have not committed any offence as alleged. The learned counsel next submits that the name of the petitioner has surfaced in this case by virtue of local chaukidar, who has inimical relation with them. He further submits that there is no specific allegation against the petitioners and similarly situated co-accused persons have already been granted the benefit of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 12.08.2025 passed in Cr. Misc. No. 52238 of 2025.

5. Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated co-accused persons have been granted bail by a Coordinate Bench of this Court, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event

Patna High Court CR. MISC. No.61025 of 2025(2) dt.10-09-2025 3/3 of their arrest or surrender before the Court below within four weeks, be released 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 Judicial Magistrate, Dehri, Rohtas/concerned court, in connection with Tilauthu Police Station Case No. 69 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.

(Anil Kumar Sinha, J) Siwani/- U T