Md. Hajruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65036 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- FULKAHA District- Araria ====================================================== Md. Hajruddin Son of Md. Alauddin Resident of Village - Bathnaha, Ward No.- 3, P.S.- Pipra, District - Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Nurul Hoda, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-09-2025 Heard Md. Nurul Hoda, learned advocate for the petitioner and Mr. Anuj Kumar Shrivastava, learned APP for the State.
2. This is an application for grant of bail to the petitioner who is in custody in connection with S.T. No. 400 of 2025, arising out of Fulkaha P.S. Case No. 21 of 2025, registered for the offences punishable under Sections- 137(2), 87 and 3(5) of B.N.S., 2023. This is the second attempt made on behalf of the petitioner as earlier the prayer of bail of the petitioner came to be negated by this Court on 06.08.2025 in Cr. Misc. No. 32268 of 2025.
3. Learned advocate for the petitioner submitted that though earlier the prayer for bail of the petitioner was turned down by this Court, however, liberty was accorded to the petitioner to
Patna High Court CR. MISC. No.65036 of 2025(2) dt.26-09-2025 2/3 renew his prayer for bail after framing of the charge. It is submitted that now the charges have already been framed in the matter on 11.08.2025. To support the aforesaid contention, copy of the order with the charge have been placed on record. It is further contended that besides the aforesaid fact, the petitioner bears fair antecedent and he undertakes before this Court that he will fully co-operate in the proceeding of the Court.
4. On the other hand, learned advocate for the State has vehemently opposed the bail application and submits that specific accusation has been made against the petitioner of committing rape upon the victim.
5. Having considered the submissions advanced by learned counsel for the respective parties and taking note of the observation made by this Court considering the materials available on record and the fact that the charges have already been framed as also the fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Araria in connection with Sessions Trial Case No. 400 of 2025, arising out of Fulkaha P.S. Case No. 21 of 2025, subject to the condition that one of the
Patna High Court CR. MISC. No.65036 of 2025(2) dt.26-09-2025 3/3 bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will be liable to be cancelled.
(Harish Kumar, J) K.C.Jha/- U T