Shaukat Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71642 of 2025 Arising Out of PS. Case No.-153 Year-2024 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.
Shaukat Ali S/o- Kamuruddin Vill- Mangarwara Tola Rahta, Ward no.3, P.SShrinagar, Dist- Madhepura 2.
Md. Hasim S/o- Kamruddin Vill- Mangarwara Tola Rahta, Ward no.3, P.SShrinagar, Dist- Madhepura 3.
Md. Rauf S/o- Md. Israil Vill- Ghardaur, Ward no.7, P.S- Shrinagar, DistMadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Vishoka Nand, Adv.
For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115, 109, 303(3), 76, 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that 11 named accused persons including the petitioners on 20.12.2024 came at 07:00 PM on account of previous dispute and started abusing, on protest, Shaukat and Kalimuddin assaulted him by an iron rod causing injury, further Md. Parvej
Patna High Court CR. MISC. No.71642 of 2025(2) dt.10-11-2025 2/3 dashed his wife on the ground and dragged her on account of which her cloths got torn, thereafter on orders of Shaukat, accused Md. Hasim assaulted his wife by farsa causing injury on head, further Md. Jarif assaulted Afroj by sword causing injury on head while Md. Azim assaulted by dabia causing injury on Afroj's elbow, thereafter Md. Sajid assaulted his son Md. Sahnawaj by rod causing injury near his eyes and Md. Rauf snatched Rs. 30,000/- from informant and Md. Salam snatched silver chain of his wife.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of previous land dispute. It is next submitted that instant FIR is a counterblast to Shrinagar P.S. Case No. 152 of 2024 instituted from the side of the petitioners against the informant and his side. It is also submitted that no doubt allegation is of assault, but then on account of dispute relating to land, an altercation had taken place in which both sides assaulted each other. It is also submitted that the injury suffered by the injured has been opined to be simple, as recorded in the order impugned. It is next submitted that petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.71642 of 2025(2) dt.10-11-2025 3/3 anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shrinagar P.S. Case No. 153 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T