Majiful @ Md. Majiful @ Md. Mojiful v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71409 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar ====================================================== Majiful @ Md. Majiful @ Md. Mojiful S/o Late Turra @ Late Tura Mohammad R/O- Guwagaon, P.S.- Kachna, Distt-Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shrishti Rani, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP For the Informant :
Mr. Praveen Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Kachna P.S. Case No. 41 of 2025 registered for the offences under Sections 191(2), 190, 126(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 352, 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, petitioner and other coaccused persons came to the land of the informant armed with lathi, danda and rod. They assaulted the father and the brothers of the informant causing serious injuries to them. Subsequently, father of the informant succumbed to his injuries.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.71409 of 2025(2) dt.14-10-2025 2/3 petitioner submits that petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner for assault and specific allegation of assaulting father of the informant is against co-accused Chulka and Haider. Further allegation of assaulting the informant is against Md. Haider. Learned counsel further submits that the father of the co-accused Chulka has filed a complaint case no. 1406 of 2025 against the informant and other accused persons before the learned C.J.M, Katihar for the offences under Sections 115(2), 126(2), 76, 109, 191(2), 191(3), 303(2), 352, 351(2), 3(5) of the B.N.S. The petitioner has no criminal antecedent and is in custody since 25.07.2025. The charge-sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation against the petitioner and further considering the clean antecedent of the petitioner, period of custody and submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
Patna High Court CR. MISC. No.71409 of 2025(2) dt.14-10-2025 3/3 of the like amount each to the satisfaction of learned A.C.J.M-I, Katihar in connection with Kachna P.S. Case No. 41 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following 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, if so required by the learned trial court.
(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) Siddharth Soni/- U T