Abdul Bari @ Abdul Wari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70496 of 2025 Arising Out of PS. Case No.-266 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== 1.
Abdul Bari @ Abdul Wari S/O Late Sayeedul Haque @ Sayeedul Raman @ Saidul Hak R/O Village- Rajkha, P.S- Baheri, District- Darbhanga (Bihar) 2.
Alimun Nisha W/O Abdul @ Abdul Wari R/O Village- Rajkha, P.S- Baheri, District- Darbhanga (Bihar) 3.
Master Shahnawaz @ Md. Shahnawaz Ahmad S/O Abdul Bari @ Abdul Wari R/O Village- Rajkha, P.S- Baheri, District- Darbhanga (Bihar) 4.
Md. Akbar @ Akbar Ali S/O Abdul Bari @ Abdul Wari R/O VillageRajkha, P.S- Baheri, District- Darbhanga (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Baheri P.S. Case No.266 of 2025 for the offences punishable under Sections 115(2), 126(2), 118(1) 109(1), 351(2), 352, 303(2) and 3(5) of the BNS, 2023
3. As per the prosecution, FIR has been lodged against 4 named and 5 unknown accused persons including the present petitioners against whom there is allegation that petitioner No.3 has assaulted the brother of the informant and petitioner No.1
Patna High Court CR. MISC. No.70496 of 2025(2) dt.14-10-2025 2/3 has assaulted by iron rod to the informant due to which injury has been caused. The allegation of snatching Rs.65,000/- cash is also there.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that from the content of FIR, It becomes crystal clear that the dispute occurred between the parties who are co-sharers of land. He further submits that injury report is annexed vide Annexure-4 series of the bail petition in which injury is simple in nature. He further submits that there is case and counter-case between the parties.
5. Counsel submits that the criminal antecedent of the petitioners are clean.
6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is admitted land dispute between the parties and they are co-sharer of land and injury is simple in nature.
7. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
Patna High Court CR. MISC. No.70496 of 2025(2) dt.14-10-2025 3/3 each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Addl. Chief Judicial Magistrate-1st, Darbhanga, in connection with Baheri P.S. Case No.266 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T