Md. Javed Hussain @ Md. Atique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60518 of 2025 Arising Out of PS. Case No.-307 Year-2025 Thana- BIHAR District- Nalanda ====================================================== Md. Javed Hussain @ Md. Atique S/o Md. Rafique Resident of VillageChhajjoo, P.S.- Bihar/ Biharsharif, Distt- Nalanda at Biharsharif ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ashutosh Singh, Advocate Mr. Vidhan Chandra Pathak, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2025 Heard Mr. Ashutosh Singh, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(1), 109(1), 303(2) and 3(5) of the B.N.S..
3. As per prosecution case, on 22.05.2025 at about 12 o'clock, this petitioner, along with four unidentified persons, assaulted informant and her husband, snatched mobile phone from husband of informant and transferred Rs. 1,00,000/- into his account and looted cash and other ornaments.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.60518 of 2025(2) dt.08-09-2025 2/3 committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Doctor has found the injuries, sustained by the injured, to be simple in nature. As a matter of fact, during course of investigation, it has come that the alleged amount of Rs. 1,00,000/- has not been transferred in the account of this petitioner rather the same was transferred in the account of one Chandan Kumar Yadav which itself falsified the entire prosecution case. Rest of the allegations are ornamental in order to make the case grave. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, nature of injuries sustained by the injured, material that has surfaced during course of investigation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.60518 of 2025(2) dt.08-09-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Biharsharif, Nalanda in connection with Biharsharif P.S. Case No. 307 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