Rahamatullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76994 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Rahamatullah S/o Kunkun R/o Village- Kothiya, Ward No. 9, P.S.- Khajauli, Distdrict- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the State :

Mrs. Renu Kumari, APP For the informant :

Mr. Ravi Prakash, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 126(2), 115(2), 109, 352, 351(2), 3(5) of the B.N.S.

3. The allegation in the first information report is that on account of ongoing land dispute between the parties, the petitioner along with three co-accused persons entered the house of the informant and indulged in abuse and assaulted the informant with iron rod causing injury.

4. Learned counsel for the petitioner submits at the outset that the present first information report has been lodged after an inordinate delay inasmuch as, occurrence is said to have

Patna High Court CR. MISC. No.76994 of 2025(2) dt.27-11-2025 2/3 taken place on 14.06.2025 whereas the present F.I.R. was lodged on 22.06.2025. There is case and counter case and the case lodged by the petitioner was on 15.06.2025 which is much earlier in point of time. It has also been submitted that the petitioner and the informant are siblings and so far as the injury attributed to the petitioner is concerned, which is related to the informant is said to be simple in nature which would be evident from the injury report (Annexure-P/3).

5. Learned APP for the State as well as learned counsel for the informant have vehemently opposed the grant of anticipatory bail on account of allegations made in the first information report and also pointing out that one of the members of the informant's family has received grievous injury and in response it has been submitted that the same has not been attributed to this petitioner and there is general and omnibus allegation with respect to the same.

6. Taking into consideration the facts and circumstances and considering the inordinate delay in lodging the F.I.R., existence of case and counter case coupled with the fact that the injury attributable to the petitioner is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.76994 of 2025(2) dt.27-11-2025 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Khajauli P.S. Case No. 122 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) anand/- U T