Rasid Alam @ Rashid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68406 of 2025 Arising Out of PS. Case No.-566 Year-2023 Thana- KONCH District- Gaya ====================================================== Rasid Alam @ Rashid, S/o Md. Sahabuddin Kunjra, R/o Village - Deora Usas, P.S- Konch, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate.
For the State :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Konch P.S. Case No. 566 of 2023, dated 2.12.2023 registered for the offences punishable under Sections 385 and 379 of the Indian Penal Code.
3. As per allegation, three accused persons including the petitioner came over the land of the informant and started cutting standing crop of paddy and on protest, co-accused Shahabuddin Kunjara threatened the informant to kill him displaying his pistol.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that even as per FIR, there is no injury
Patna High Court CR. MISC. No.68406 of 2025(2) dt.08-10-2025 2/3 caused by the accused persons to the informant or any person on the side of the informant. He also submits that on account of land dispute, the petitioner has been falsely implicated in this case. He also submits that similarly situated co-accused persons have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 31.07.2024 passed in Cr. Misc. 23919 of 2024.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Konch P.S.
Patna High Court CR. MISC. No.68406 of 2025(2) dt.08-10-2025 3/3 Case No. 566 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T