Samar Mirja @ Samar Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68190 of 2025 Arising Out of PS. Case No.-311 Year-2025 Thana- SITAMARHI District- Sitamarhi ====================================================== Samar Mirja @ Samar Ali S/o Md. Wazir Resident of Village- Mehsoul, Hussaina, Ward No. 26, P.S. and Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 117(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 25(1-b)a, 26 of Arms Act.
3 . As per prosecution case, informant alleged that on 21.04.2025, when informant was at his sister's house, all the 11 F.I.R. named accused persons, including this petitioner and 10 unknown persons assaulted informant with danda and bricks and tried to snatch his arms.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Allegation of assault is general and omnibus and there is
Patna High Court CR. MISC. No.68190 of 2025(2) dt.08-12-2025 2/2 no allegation of specific overt act against this petitioner. He further submits that though 11 F.I.R. named and 10 unknown persons, allegedly, assaulted informant but from perusal of the impugned order it is apparent that the injuries sustained by the informant are simple in nature.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering backdrop of the case and simple injuries, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P. S. Case No. 311 of 2025 , subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Koushik/- U T