← Library
Patna High CourtCR. MISC./72512/2025partly allowed disposal

Md. Jakir Husain @ Md. Jakir v. The State Of Bihar

2026-01-21Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72512 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- SAKRI District- Madhubani ====================================================== 1.

Md. Jakir Husain @ Md. Jakir S/o Md. Ijhar Resident of village- Bhaitoli, P.S- Maksuda, P.o- Sakari, District- Madhubani 2.

Md. Ganni @ Shane Ali S/o Md. Jakir Husain @ Md. Jakir Resident of village- Bhaitoli, P.o- Maksuda, P.S- Sakari, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray For the informant :

Mr. Manoj Kumar Pandey, Advocate Ms. Kumari Pallavi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-01-2026 Heard the learned counsel for the petitioners, learned APP for the State and the learned counsel for the informant.

2. The petitioners apprehend arrest in connection with Sakri P.S. Case No. 117 of 2025 registered for offences under Sections 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2) (3)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioners are accused of assaulting the victim.

4. The learned counsel for the petitioners at the very outset seeks permission to withdraw the application filed on behalf of the petitioner no. 1 namely Md. Jakir Husain @ Md. Jakir.

Patna High Court CR. MISC. No.72512 of 2025(3) dt.21-01-2026 2/3

4. Permission, as prayed, is granted.

5. Accordingly, the present application filed on behalf of the petitioner no. 1 is dismissed as withdrawn. He is directed to surrender in the Court below within two weeks and seek regular bail failing which the Superintendent of Police, Madhubani will take all steps for the arrest of the petitioner no. 1 Md. Jakir Husain @ Md. Jakir.

6. Learned counsel for the petitioners submits that petitioner no. 2 is quite innocent and has not committed any offence. He further submits that the petitioner no. 2 is not the assailant of the victim.

7. Learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail.

8. Considering the facts and circumstances of the case and the fact that the petitioner no. 2 is not the assailant of the victim, let the petitioner no. 2, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani/concerned Court below in connection with Sakri P.S. Case No. 117 of 2025 subject to the conditions

Patna High Court CR. MISC. No.72512 of 2025(3) dt.21-01-2026 3/3 as laid down under Section 482(2) of the BNSS and with a further condition that the petitioner no. 2 will mark his attendance at the Sakri Police Station on every 1st and 3rd Sunday of each month. Failure to do so will result in cancellation of the bail bonds of the petitioner no. 2.

9. This application for anticipatory bail is partly allowed.

(Sandeep Kumar, J) Shishir/- U T