← Library
Patna High CourtCR. MISC./78416/2025allowed

Saudagar @ Md. Saudagar v. The State Of Bihar

2026-01-05Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78416 of 2025 Arising Out of PS. Case No.-238 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== 1.

Saudagar @ Md. Saudagar Late Md. Musafir @ Musafir Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 2.

Lal Babu @ Md. Jasim Son of Md. Tej Ali @ Taj Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 3.

Sadre Alam @ Md. Sadre Alam Son of Md. Gule Anar @ Gonar Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 4.

Sharfe Alam @ Md. Sharfe Alam @ Sarfe Alam Son of Md. Gule Anar @ Gonar Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.

5.

Najre @ Md. Najre Alam Son of Gule Abbas @ Gule Abbas Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 6.

Jamal @ Md. Jamal Son of Late Md. Musafir @ Musafir Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 7.

Bablu @ Md. Maum @ Masum @ Bablulu Son of Late Md. Musafir @ Musafir Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.

8.

Tabrej @ Md. Tabrej Son of late Md. Musafir @ Musafir Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 9.

Dilshad @ Md. Isrshad Alam Son of Late Kismat @ Kismat Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 10.

Firoz @ Md. Firoz Alam @ Firoj Son of Baddruddin @ Thakko @ Late Badrul Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.

11.

Mallu @ Md. Shahnawaz Son of Baddruddin @ Late Badrul @ Thakko Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.

12.

Aslam @ Md. Aslam Son of Md. Rafakat @ Rafakat Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 13.

Chaman Son of Md. Aslam @ Bhulur Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 14.

Gulab @ Md. Gulab Son of Md. Alsam @ Bhulur Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 15.

Aftab @ Aftab Alam @ Aaptab Son of Md. Kismat @ Kismat Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 16.

Md. Ali Son of Late Md. Kitabul @ Late Kitabul Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 17.

Munna @ Shaukat Ali Son of Gulam Rasul Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga. 18.

Kanchan @ Md. Barkat Ali Son of Gulam Rasul Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.

Patna High Court CR. MISC. No.78416 of 2025(2) dt.05-01-2026 2/3 19.

Sohrab @ Md. Sohrab @ Shorab @ Md. Shorab Son of Shamim @ Samim Resident of Village - Akbarpur Bek, Police Station - Biraul, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Biraul P.S. Case No. 238 of 2025 instituted under Sections 191(3), 190, 126(2), 115(2), 118(2), 117(2), 109, 352 and 351(2) of the BNS.

3. As per the prosecution case, on the date of occurrence, the dispute arose between the parties while playing Ludo near Anchal Office Biraul. It is alleged that 60-65 persons including the petitioners with deadly weapons collected near Masjid and started throwing bricks and stones causing injuries to prosecution side.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that the there is case and counter case

Patna High Court CR. MISC. No.78416 of 2025(2) dt.05-01-2026 3/3 between the parties. He submits that there is no specific allegation against the petitioners. He further submits that petitioner no.2 is an accused of one complaint case under Section 498(A) of the I.P.C. and other petitioners have no criminal antecedent and they undertake to cooperate in the trial and investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Biraul P.S. Case No. 238 of 2025, subject to the conditions laid down in Section 482(2) of the BNSS.

(Sunil Dutta Mishra, J) AjayMishra/- U T