Md. Serajul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67236 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- MEHSI District- East Champaran ====================================================== 1.

Md. Serajul S/o Badal @ Badar Miyan @ Badal Miyan R/o vill- Chaknagri, P.S.- Mehsi, District- East Champaran 2.

Md. Sajid @ Md. Sajir S/o Md. Serajul R/o vill- Chaknagri, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Informant :

Ms. Akanksha Ranjan, Advocate Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners; learned counsel for the informant and Mr. Kalyan Shankar, learned APP for the State.

2. The petitioners have prayed for bail in connection with Mehsi P.S. Case No. 178 of 2025 registered for the offence punishable under Sections 190, 191(2), 191(3), 115(2), 118(1), 109, 103, 352, 351(2) of the B.N.S., 2023.

3. The case of the prosecution is that Md. Nizamuddin and Md. Vipat Baitha being armed with sword and 40-50 others being armed with weapon were present. It is alleged that Md. Hamid and Md. Vipat Baitha assaulted with sword due to which the brother of the informant namely, Ajay

Patna High Court CR. MISC. No.67236 of 2025(2) dt.17-09-2025 2/3 Kumar succumbed to the injuries.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. He submits that there is also a counter version of this case. It has also been submitted that no any overt act is alleged against these petitioners. They are only the member of the mob. He further submits that a statement has been made in para 3 of the petition that petitioners have no criminal antecedent and they are languishing in judicial custody since 08.07.2025.

5. The application for bail is opposed by learned APP for the State and the learned counsel for the informant. Learned counsel for the informant submits that it is a case of murder but conceded that there is no specific allegation against these petitioners.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in

Patna High Court CR. MISC. No.67236 of 2025(2) dt.17-09-2025 3/3 connection with Mehsi P.S. Case No. 178 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T