Md. Junaid @ Meer Md. Junaid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70088 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Md. Junaid @ Meer Md. Junaid Son of Md. Ubaid @ Meer Ubaid Resident Of Village- Sharifpur Ward No 6 Ps- Nanpur District- Sitamarhi 2.

Md. Akbar @ Akbar Son of Md. Manzoor @ Meer Manjoor Resident Of Village- Sharifpur Ward No 6 Ps- Nanpur District- Sitamarhi 3.

Md. Arif son of Md. Akbar @ Akbar Resident Of Village- Sharifpur Ward No 6 Ps- Nanpur District- Sitamarhi 4.

Md. Nuashad Son of Md. Jasim @ Meer Jasim @ Mir Jasim Resident Of Village- Sharifpur Ward No 6 Ps- Nanpur District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashar Mustafa, Advocate Ms. Anita Kumari , Advocate Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP For informant :

Mrs. Archana Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126 ( 2 ), 115 ( 2 ), 118

(1) , 109, 303 ( 2 ), 352, 351 ( 2 ), 351 (3) and 3 (5) of BNS. 3 . As per prosecution case , informant namely Md. Sarfaraj alleged that on 27.07.2025 at about 10:30 O ' Clock , all the F.I.R. named accused persons including these petitioners armed with iron rod, iron pipe , sword came and started

Patna High Court CR. MISC. No.70088 of 2025(2) dt.07-10-2025 2/3 assaulting family members of informant. Petitioner Nos. 1 and 4 assaulted brother of informant with iron rod and petitioner No. 3 ( Md. Arif ) assaulted brother of informant with sword due to which he sustained injury . It is further alleged that accused persons took away Rs. 30,000/- and ornaments and also threatened with dire consequences.

4. Learned counsel appearing for the petitioners submits that both the parties are gotias and due to land dispute , a maarpeet took place between them in which both sides sustained injuries. Allegation of assault is general and omnibus against petitioner Nos. 1 , 2 and 4. Petitioners claim clean antecedent.

5 . Learned counsel for the State as well as informant opposed the bail application and submits that petitioner No. 3 assaulted brother of informant with sword, as a result of which he sustained fracture injury .

6. In view of the fact that petitioner No. 3 caused fracture injury, prayer for anticipatory bail of petitioner No. 3 is refused. However, considering the nature of accusation against petitioner Nos. 1, 2 & 4 the anticipatory bail with regard to petitioner Nos. 1, 2 & 4 is allowed and it is ordered that the above named petitioner Nos. 1, 2 & 4 in the event of

Patna High Court CR. MISC. No.70088 of 2025(2) dt.07-10-2025 3/3 their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM Pupri at Sitamarhi in connection with Nanpur P. S. Case No. 306 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