Shahid Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66062 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- DIGHWARA District- Saran ====================================================== 1.

Shahid Hussain S/O Jabbar Ansari R/o Vill- Basantpur, P.S.- Dighwara, Distt- Saran, Chapra.

2.

Ajaz Ansari @ Md. Ejaz Alam S/O Mustafa Ansari R/o Vill- Basantpur, P.S.- Dighwara, Distt- Saran, Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Dighwara P.S. Case no.145 of 2024 registered under Sections 307, 324, 341, 323, 504, 506 and 34 of the Indian Penal Code.

3. The allegations in the F.I.R. is that four F.I.R named accused persons along with others came to the field of the informant variously armed and attacked on the informant. On protest, accused Mustafa Murtaja assaulted the informant with knife due to which he sustained injuries.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No. 66062 of 2025(2) dt.19-09-2025 2/3 it would be apparent from the F.I.R itself that there is a specific allegation of assault, by means of knife, upon co-accused Mustafa Murtaja and there is general and omnibus allegations levelled against these petitioners. It has also been submitted that there is case and counter case being Digwara P.S. Case No. 146 of 2024 lodged by co-accused Mustafa Murtaja which is Annexure-2 to the present application. It has further been submitted that the petitioners are preparing for the government examination and have no criminal antecedent. They undertake to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts of the case and also considering that the specific allegation of assault is upon co-accused Mustafa Murtaja, there is general and omnibus allegation levelled against them and the petitioners are appearing for competitive examinations and their incarceration would make adverse impact on their future prospects, it is directed that the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dighwara P.S. Case no.145 of 2024 on each of them furnishing

Patna High Court CR. MISC. No. 66062 of 2025(2) dt.19-09-2025 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T