Md. Malik @ Md. Malek v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78935 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- Kachna District- Katihar ====================================================== 1.
Md. Malik @ Md. Malek S/o Md. Khalek @ Md. Chunya R/o - Guwagaon, P.S - Kachna, District - Katihar 2.
Mulyan Khatun @ Bibi Jaigun W/o Md. Hasil R/o - Guwagaon, P.S - Kachna, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Singh, Advocate.
For the Opposite Party/s :
Mrs.Pushpa Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.
2. The petitioners seeks pre-arrest bail in connection with Kachna P.S. Case No. 34 of 2025 registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., all the accused persons including the petitioners who are named in the F.I.R. assaulted the informant brutally causing injury on different parts of the body.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they
Patna High Court CR. MISC. No.78935 of 2025(2) dt.03-12-2025 2/3 have committed no offence as alleged in the F.I.R. The allegation levelled against the petitioners is general and omnibus. Specific allegation of assault is against other coaccused.
5. Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for grant of pre-arrest bail to the petitioners and submitted that all the accused persons with an intention to kill the informant assaulted him brutally.
6. Considering the nature of allegation made against the petitioners to be general and omnibus and specific allegation of assault is against other co-accused, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Kachna P.S. Case No. 34 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners
Patna High Court CR. MISC. No.78935 of 2025(2) dt.03-12-2025 3/3 are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T