Md. Asgar Hussain @ Md. Bhola @ Md. Asgar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71948 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Md. Asgar Hussain @ Md. Bhola @ Md. Asgar S/O Late Md. Israil R/O village - Dih Sarsauna , Police station - National Highway bangra , District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with National Highway Bangra P.S. Case No. 06 of 2025 dated 09.01.2025 registered for the offences punishable under Sections 126(2), 115(2), 329(3), 140(1), 303(2), 109(1) read with Section 3(5) of the B.N.S.
3. As per the prosecution case, the petitioner and the co-accused person along with four unknown persons came to the house of the informant, thereafter they abducted the informant's husband with an intent to kill. On being searched,
Patna High Court CR. MISC. No.71948 of 2025(2) dt.01-11-2025 2/3 the husband of the informant was found in an unconscious state at a deserted place. It is further alleged that a mobile phone and Rs. 14,000/- was missing from the pocket of her husband. They threw the body of the informant's husband thinking dead.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation against the petitioner rather the allegation of assaulting the informant's husband is general and omnibus in nature. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.08.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and the witnesses at para-2, 6, 7, 8 and 9 have supported the prosecution case.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with National Highway
Patna High Court CR. MISC. No.71948 of 2025(2) dt.01-11-2025 3/3 Bangra P.S. Case No. 06 of 2025, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T