Md. Anwarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72956 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- KISHANPUR District- Supaul ====================================================== 1.

Md. Anwarul, S/o Md. Kafil 2.

Md. Irfan, S/o Md. Kafil Both are residents of vllage- Thari Dhadtta, Ward No. 04, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Kishanpur P.S. Case No. 90 of 2025, registered for the offences under Sections 126(2), 115(2), 118(1),117(2), 74, 109, 303(2), 351(2), 352 and 3(5) of BNS, 2023.

3. As per prosecution case, the petitioners and other co-accused persons assaulted the informant and her family members causing a number of injuries to them. The occurrence took place in the background of patty dispute over grazing of plant by a goat of the informant.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.72956 of 2025(3) dt.07-01-2026 2/3 petitioners are innocent and have been falsely implicated in this case. There is no specific allegation of assault against the petitioner Md. Irfan and allegation against the petitioner Md. Anwarul is for assaulting the daughter of the informant on her head with iron rod, but from the rejection order of the bail petition of the petitioners, it appears there was no injury sustained by the daughter of the informant namely Kashmira Khatoon. There is counter case bearing Kishanpur P.S. Case No. 94 of 2025 lodged by one Farzana Khatoon of petitioners side against a number of persons of informant side with similar type of allegations. The petitioners are in custody since 12.06.2025 and are having clean antecedent. The charge sheet has been submitted.

5. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioners.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the case and counter case of the parties and further considering the non-specific nature of allegation against the petitioners and also considering the submission of charge sheet, period of custody of the petitioners and their clean antecedent, the petitioners are directed to be released on bail, on furnishing bail bonds of

Patna High Court CR. MISC. No.72956 of 2025(3) dt.07-01-2026 3/3 Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul/concerned court, in connection with Kishanpur P.S. Case No. 90 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T