Md. Zamil @ Gulam @ Gulab @ Jamil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74102 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Aunsi District- Madhubani ====================================================== Md. Zamil @ Gulam @ Gulab @ Jamil Khan S/O Md. Ayub Khan R/O Vill.- Aunsi, P.S.- Aunsi, dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Aunsi P.S. Case No. 25 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 109, 117(2), 303(2), 76 and 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, petitioner and 20 other co-accused persons, in the background of land dispute, assaulted the informant and her family members with sword, iron rod, slaps and fists. They also took away ornaments and clothes from the house of the informant.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Admittedly there is land dispute between the parties and

Patna High Court CR. MISC. No.74102 of 2025(2) dt.19-11-2025 2/3 Title Suit No. 26 of 2018 is pending in the civil court. Only specific allegation against the petitioner is of giving sword blow to one Kahkasha Alam, but the injury report of the injured shows a stitched would of size 3cm on right parietal region of head and swelling of size 1 cm x 1cm on left middle finger and no bone injury was found. Therefore, the allegation is not supported by the injury report as no incised wound has been found on the head of said injured, Kahkasha Alam. The petitioner has got no criminal history. The petitioner is in custody since 25.06.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani/court concerned in connection with Aunsi P.S. Case No. 25 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following

Patna High Court CR. MISC. No.74102 of 2025(2) dt.19-11-2025 3/3 conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T