Md. Umar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63380 of 2025 Arising Out of PS. Case No.-294 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.
Md. Umar S/O Late Md. Abdul Rahim, Resident of Village- Kharua, PS - Sadar, Dist- Darbhanga.
2.
Md. Saddam @ Md. Saddam Alam, S/O Md. Umar, Resident of VillageKharua, P S - Sadar, Dist- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subham, Adv.
For the Opposite Party/s :
Mr. Upendra Kumar, APP For the Informant :
Mr. Anup Kumar Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-11-2025 Heard learned Advocate for the petitioners, learned Advocate for the State and learned Advocate for the informant.
2. The petitioners apprehend their arrest in connection with Sadar P.S. Case No.294 of 2023 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 379/34 of the Indian Penal Code; however, the cognizance has been taken for the offences punishable under Sections 341, 323, 308, 504 and 506/34 of the Indian Penal Code.
3. While the informant was proceeded from his house on his motorcycle, in the meanwhile, the petitioners along with other co-accused persons and 4-5 unknown persons armed with weapons surrounded him. It is specifically alleged that co-
Patna High Court CR. MISC. No.63380 of 2025(3) dt.12-11-2025 2/3 accused Md. Arzoo having knife in his hand inflicted a knife blow to the informant, which hit on his right arm. Co-accused Md. Shahnawaz gave an iron blow over the head of the informant and further petitioner no.2. gave a knife blow over the chest of the informant, due to which he sustained chest injury.
4. Learned Advocate for the petitioners contended that the petitioners are innocent and on account of some dispute, their names have been implicated in this case. The injuries allegedly sustained to the informant have been found to be simple in nature and taking this fact, the learned jurisdictional court has not taken cognizance even under Section 307 of the Indian Penal Code. The petitioners have absolutely fair antecedent and they undertake that they will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State and the learned Advocate for the informant vehemently opposed the bail application and submitted that the complicity of the petitioners cannot be ruled out on account of specific allegation and corresponding injuries sustained to the informant.
6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the simple nature of injuries, as referred in the impugned order,
Patna High Court CR. MISC. No.63380 of 2025(3) dt.12-11-2025 3/3 coupled with the fair antecedent of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Darbhanga in connection with Sadar P.S. Case No.294 of 2023, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T