Md. Sakib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81509 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- SIMRAHA District- Araria ====================================================== Md. Sakib, S/o- Md. Rajani ,Resident of Simraha Madavganj, Ward No- 11, PS- Simraha, Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Simraha P.S. Case No. 206 of 2025 registered for the offences punishable under Sections 129(3), 126(2), 115(2), 118(1), 109, 303(2), 74, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly while the informant was alone at her house, in the meanwhile, all the F.I.R. named accused persons, including the petitioner, variously armed came there and started abusing. After making exhortation, the petitioner along with coaccused Md. Rasid and other accused persons brutally assaulted the informant by means of Lathi, stick and Iron rod. There is further allegation against the petitioner is of misbehaving with the informant and causing a knife blow over the head, due to
Patna High Court CR. MISC. No.81509 of 2025(2) dt.10-12-2025 2/3 which she sustained serious injury. The other accused persons also assaulted the other family members of the informant and misbehaved with them.
4. Learned Advocate for the petitioner submitted that there is a previous dispute between the parties, which resulted into institution of the case and counter case, being Complaint Case No. 1824 of 2025, instituted on 02.09.2025, when the police has refused to lodge the F.I.R.; moreover the injuries, which are allegedly sustained to the informant are concerned, the same have been found to be simple in nature. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that specific accusation has been levelled against the petitioner of causing knife blow over the head of the informant, leading to serious injuries.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation, qua the simple injury, coupled with the factum of case and counter case, as also the fair antecedent of the petitioner, let the petitioner, named above, in the event of his arrest or surrender
Patna High Court CR. MISC. No.81509 of 2025(2) dt.10-12-2025 3/3 before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Simraha P.S. Case No. 206 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T