Md. Shahnawaj @ Md. Shahnawaj Alam @ Shahnawaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70935 of 2025 Arising Out of PS. Case No.-275 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== 1.

Md. Shahnawaj @ Md. Shahnawaj Alam @ Shahnawaj S/o Md. Jabir Alam R/o Village- Chhoti Talab, PS - Pakaribarawan, Distt- Nawada 2.

Md. Kalimuddin @ Md. Kallu Kasaiya S/o Md. Jahir R/o Village- Chhoti Talab, PS - Pakaribarawan, Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Pakri Barwan P.S. Case No. 275 of 2025 dated 13.07.2025, instituted for the offence punishable under Sections 190, 191, 109, 115(2), 117(2), 132, 121, 126(2), 127(2), 224, 292, 324(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 12.07.2025, the informant received information that one Farhana Parveen and her family members were constantly assaulted by neigbouring persons. When the informant along with other police personnel reached the place of occurrence to

Patna High Court CR. MISC. No.70935 of 2025(2) dt.08-10-2025 2/3 pacify the matter then they were assaulted by the local people due to which some police personnel were injured and glass of the police vehicle also got broken. It is further alleged that when the police arrested 21 accused persons and 2 juvenile then, on the way, some women threw chilly powder on the police personnel. Thereafter, the FIR has been registered against 45 accused persons.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the FIR has been lodged against 45 accused persons including the petitioner. There is no specific allegation against the petitioner, rather, the allegation levelled against the petitioner is general and omnibus in nature. Save and except, the fact that petitioners were seen near the place of occurrence, there is no material against the petitioners to connect them in the present case. Learned counsel further submitted that petitioners being the resident of same village where the occurrence took place, they were seen near the place of occurrence due to which they have been falsely made accused in this case. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of

Patna High Court CR. MISC. No.70935 of 2025(2) dt.08-10-2025 3/3 the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Pakri Barwan P.S. Case No. 275 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-II, Nawada, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T