Md. Shahnawaz @ Md. Sahnabaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69961 of 2025 Arising Out of PS. Case No.-892 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== 1 .

Md. Shahnawaz @ Md. Sahnabaj S/O Md. Tunnu R/O Village- Lahiyarchk Alampur Gonpura, P.S- Phulwarisharif, Dsitt.- Patna. 2.

Md. Rehan @ Shahnawaz @ Shanbaz S/O Md Rostam R/O VillageLahiyarchak Alampur Gonpura, P.S- Phulwarisharif, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State .

2. This application, for grant of anticipatory bail, arises out of Phulwarisharif Police Station Case No. 892 of 2025, dated 03.06.2025, disclosing offences punishable under Sections 126 (2)/115 (2)/118 (1)/109/303 (2)/352/351 (2)/ 351 (3)/3(5) of the Bhartiya Nyaya Sanhita, 2023 . 3 . The prosecution case , as per the First Information Report, is that on 01.06.2025, at about 6 PM, while the informant, namely, Ved Kumar and Manish Kumar, were playing cricket, the petitioners, along with 4-6 other co-accused persons, came there, abused them, snatched gold chain and cash

Patna High Court CR. MISC. No.69961 of 2025(2) dt.07-10-2025 2/3 of Rs. 2200/- from them and also assaulted them, due to which they sustained injuries in their heads.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged. He further submits that a quarrel took place on a trivial issue during a cricket match between the boys of two group. The prosecution side has failed to produce any injury report before the learned District Court, which would be evident from the impugned order itself, in which there is no reference of any injury . Rest of the allegations are ornamental in nature to make the case grave . Similarly situated co-accused persons have already granted bail by Co-ordinate Bench of this Hon'ble Court vide order dated 10.09.2025 in Cr. Misc. No. 61043 of 2025 .

5 . Considering the rival submissions advanced on behalf of the parties and taking into consideration nature of allegation and the fact that the occurrence took place on a trivial issue during a cricket match and no injury has been brought on record by the prosecution , I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of

Patna High Court CR. MISC. No.69961 of 2025(2) dt.07-10-2025 3/3 their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Patna, in connection with Phulwarisharif Police Station Case No. 892 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T