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Patna High CourtCR. MISC./74328/2025allowed

Abdul Basir @ Abdul Basid @ Abdul Wasid @ Abdul Baseer v. The State Of Bihar

2025-11-24Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 74328 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- Mufassil District- Purnia ====================================================== 1.

Abdul Basir @ Abdul Basid @ Abdul Wasid @ Abdul Baseer S/o Luthur Rahman @ Lutufur Rahman R/o Village- Manjheli, P.S.- Muffasil, DistrictPurnea 2.

Md Nurul @ Nurul Haque S/o Niyazuddin R/o Village- Manjheli, P.S.- Muffasil, District- Purnea 3.

Md Badshah @ Badshah S/o Ismail @ Abdul Sattar R/o Village- Raksi Tola Dhari, P.S.- Muffasil, District- Purnea. At present Village- Jiyagachhi Manjheli, P.S.- Muffasil, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR JUSTICE HARISH KUMAR ORAL ORDER 24-11-2025 Heard Mr Nadimul Hasan, learned Advocate for the petitioners and Mr Ashok Kumar Singh, learned Advocate for the State.

2 The petitioners are apprehending their arrest in connection with Mufassil PS Case No 145 of 2025 registered for the offence punishable under Sections 190, 191 (2) 191 (3), 115 (2), 118 (1), 126 (2), 127 (2), 121 (1), 121 (2), 324 (4), 109, 132, 221, 303 (2), 351 (2) and 226 (F) of the Bharatiya Nyaya Sanhita, 2023.

3 Allegation against the petitioner is of causing

Patna High Court CR. MISC. No.74328 of 2025(2) dt.24-11-2025 2/3 obstruction in the discharge of official duty of the informant and others by participating in the agitation along with 80 to 90 persons besides damaging the Government property and arson. 4 Learned Advocate for the petitioners submits that the FIR has been instituted against 18 named and 80 - 90 unknown persons by making omnibus nature of allegation. The petitioners were identified based upon CCTV footage. However, it has not been disclosed as to what role had been played by the petitioners and, thus, the prosecution case appears to be actuated with mala fide. In fact, the petitioners are local residents and on the fateful day, when the incident took place, they assembled at the place of occurrence and, thereafter, based upon the CCTV footage, their names have been implicated in this case. The petitioners bear fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.

5 On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioners were found involved in damaging the public property and arson.

6 Regard being had to the submission advanced on behalf of the respective parties and taking note of the omnibus

Patna High Court CR. MISC. No.74328 of 2025(2) dt.24-11-2025 3/3 nature of allegation coupled with the fair antecedent, let the petitioners, in the event of their arrest/surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in Mufassil PS Case No 145 of 2025 subject to all conditions as laid down in Section 482 of the BNSS 2023. (Harish Kumar, J) M.E.H./- U T