Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70568 of 2025 Arising Out of PS. Case No.-319 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Md. Alam S/O Md. Ibrahim R/O Vill.- Rampatti, Mahinathpur, P.S.- Rajnagar, Dist.- Madhubani.

2.

Md. Anwarul S/O Md. Ibrahim R/O Vill.- Rampatti, Mahinathpur, P.S.- Rajnagar, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. A prayer for bail has been made on behalf of the petitioners in connection with Rajnagar P.S. Case no.319 of 2025 registered under sections 126(2), 115(2), 117(2), 118(1), 109(1), 352, 351(2), 351(3) and 3(5) of the B.N.S, 2023.

3. The allegations in the F.I.R is that all F.I.R named accused persons including the petitioners herein came to the house of the informant variously armed and started abusing the informant. On protest, accused Anwarul (petitioner no.2) assaulted Md. Kurban by means of iron rod causing injuries to him. It is further alleged that other accused persons also indulged in assault upon others also causing injuries to them.

Patna High Court CR. MISC. No.70568 of 2025(3) dt.15-11-2025 2/3

4. Learned counsel for the petitioners submits that there is no allegation against petitioner no.1 of assault and so far as petitioner no.2 is concerned, allegation of assault remains confined to Md. Kurban and the injury report of Md. Kurban would show that injuries are simple in nature caused by hard and blunt object. A copy of the injury report has been annexed as Annexure-3 to the application. Further, it is submitted that there is case and counter case and injuries have been sustained on the side of the petitioners also, Annexure-P/2 and AnnexureP/4 would indicate the same. The petitioners are in custody since 29.07.2025 and undertake to cooperate in the case/trial. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the above mentioned facts of the case and also considering the fact that there is no allegation on petitioner no.1 of assault and the injury attributable to the petitioner no.2 is also simple in nature, there is case and counter case, injuries have been sustained on the side of petitioners also, petitioner are in custody since 29.07.2025 and charge-sheet has been submitted in the case, the petitioners are directed to be enlarged on bail in connection with Rajnagar

Patna High Court CR. MISC. No.70568 of 2025(3) dt.15-11-2025 3/3 P.S. Case no.319 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 Court concerned where the case is pending/Successor Court. (Soni Shrivastava, J) Harsh/- U T