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Patna High CourtCR. MISC./77003/2025bail granted

Ajmul Khatun v. The State Of Bihar

2025-11-27Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77003 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Ajmul Khatun W/o Md. Gafar R/o Ajantiasthan, Rani Shakarpura, P.S.- Gangor Distt.- Khagaria 2.

Md. Jabbar S/o Bhola Miyan R/o Ajantiasthan, Rani Shakarpura, P.S.- Gangor Distt.- Khagaria 3.

Md. Nasim S/o Md. Jabbar R/o Ajantiasthan, Rani Shakarpura, P.S.- Gangor Distt.- Khagaria 4.

Md. Arif S/o Md. Gafar R/o Ajantiasthan, Rani Shakarpura, P.S.- Gangor Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar, Advocate For the State :

Mr.Nitya Nand Tiwary, Advocate For the Informant :

Mr. Mritunjay, Advocate Mr. Amandeep, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Khagaria P.S. Case no.227 of 2025 registered under Sections 126(2), 115(2), 109(1), 303(2), 118, 308(2), 351(2), 352 and 3(5) of the B.N.S, 2023.

3. The allegations in the F.I.R is that all F.I.R named accused persons including the petitioners herein came to the house of the informant variously armed and started abusing the

Patna High Court CR. MISC. No.77003 of 2025(2) dt.27-11-2025 2/3 informant. On protest, accused Md. Gaffar assaulted the son of the informant with an iron rod on his head due to which he sustained severe injuries.

4. Learned counsel for the petitioner submits that the present F.I.R has been lodged after an inordinate delay of 20 days, for which no explanation has been tendered. There is general and omnibus allegation levelled against the petitioners of having been involved in the occurrence. It would be evident from the F.I.R that accused Md. Gaffar assaulted the son of the informant with an iron rod causing grievous injuries on his head. Further, there is case and counter case in which cognizance has been taken. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State as also learned counsel for the informant on the ground that son of the informant has received grievous injuries.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering that specific allegation of assaulting the son of the informant is attributable to Md. Gaffar and not the petitioners herein, it is directed that the petitioners above named, having no criminal antecedent in the

Patna High Court CR. MISC. No.77003 of 2025(2) dt.27-11-2025 3/3 event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Khagaria P.S. Case no.227 of 2025 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 concerned, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/ U T