Ershadul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65203 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- Bijdhari District- East Champaran ====================================================== 1.
Ershadul Haque S/o Late Abdul Badud R/o Village- Ramur Kodar, P.S.- Bijdhari, District- East Champaran 2.
Ajad Sarwar @ Azad Sarwar S/o Ershadul Haque R/o Village- Ramur Kodar, P.S.- Bijdhari, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvadev Singh, Advocate Mr. Asif Kalim, Advocate Mr. Akram Nayar, Advocate For the State :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Rikesh Sinha, Advocate Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-10-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in Bijdhari P.S. Case No. 43 of 2025 registered under Sections 126(2), 115(2), 118(2), 109, 74, 329, 351(2), 352, 3(5) of the BNS.
3. As per the prosecution story, the petitioners along with other co-accused persons are said to have abused and assaulted the informant and his wife due to which, they received injury.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. They are the persons of clean antecedent. It has further been submitted that injuries inflicted upon the injured
Patna High Court CR. MISC. No.65203 of 2025(3) dt.16-10-2025 2/2 persons are found to be simple in nature and there is case and counter case between the parties. It has further been submitted that members of the petitioners' side have also suffered injuries.
5. Learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners by submitting that the accused persons have badly assaulted the informant and his wife.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Motihari, District-East Champaran in connection with Bijdhari P.S. Case No. 43 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023.
(Nawneet Kumar Pandey, J) priyanka/- U T