Md. Kalam @ Md. Kalam Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67867 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- KUTUMBA District- Aurangabad ====================================================== 1.
Md. Kalam @ Md. Kalam Ansari S/o Late Md. Yasin R/o Village- Sandi, PS- Kutumba, District- Aurangabad 2.
Md. Arman @ Md. Arman Raza S/o Md. Kalam @ Md. Kalam Ansari R/o Village- Sandi, PS- Kutumba, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Advocate Mr. Rakesh Singh, Advocate Ms. Sakshi Deep, Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Kutumba P.S. Case no. 102 of 2025 registered under sections 109, 126(2), 115(2), 117(2), 74, 351, 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, three accused persons including the two petitioners herein are said to have come variously armed with stick, rod etc, of having abused the informant and on the informant protesting, it is stated that they made an attempt to forcibly enter the house and started to assault the informant as also her husband. The petitioner no.2 is
Patna High Court CR. MISC. No.67867 of 2025(2) dt.24-09-2025 2/3 said to have assaulted the informant while the accused Md. Arif is said to have assaulted the husband of the informant with an iron rod.
4. Learned Senior counsel appearing for the petitioners submits that the petitioners have been falsely implicated in the case. They are neighbours and the FIR has been registered over a trivial dispute. Referring to the injury report, which has been enclosed with the FIR, it would transpire that the informant in her examination by the doctor, complained of back pain and pain in the neck region. It is thus submitted that no occurrence as alleged in the FIR has taken place. The petitioners have no criminal antecedent.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners in the F.I.R., the contents of the injury report of the informant on whom the petitioners are alleged to have assaulted, the parties having entered into a compromise as evident from the order of the learned trial Court and the petitioners not having any criminal antecedent, it is directed that both the petitioners, above named, in the event of their arrest or surrender before the
Patna High Court CR. MISC. No.67867 of 2025(2) dt.24-09-2025 3/3 learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kutumba P.S. Case no. 102 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Aurangabad.
(Partha Sarthy, J) Shiv/- U T