Md. Rojo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82628 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar ====================================================== Md. Rojo, S/o Majiful Haque @ Saiful Haque, R/o - Guagaon, P.S - Kachna, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82784 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar ====================================================== Md. Belal @ Belal @ Md. Bilul, Son of Majiful @ Majibul Resident of Gownua Goan, P.S.- Kachna, Dist.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83355 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- Kachna District- Katihar ====================================================== Dilkhush @ Md. Dilkhush @ Md. Dilkhosh, S/O Majiful @ Majibul R/OGowna Goan,P.S- Kachna, Distt-Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 82628 of 2025) For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate Ms.Shrishti Rani, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 82784 of 2025) For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate Ms.Shrishti Rani, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Sharma,, APP (In CRIMINAL MISCELLANEOUS No. 83355 of 2025) For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate Ms.Shrishti Rani, Advocate
2/4 For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-12-2025 Since all these bail petitions arise out of Kachna P.S. Case No. 41 of 2025, as such, they have been taken up together and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. In the present case, the petitioners seek bail in connection with Kachna P.S. Case No. 41 of 2025, dated 08.07.2025, registered for the offences under Sections 191(2),190, 126(2), 115(2), 118(1), 117(2), 109, 76, 303(2), 352, 351(2)(3), 3(5) of the BNS, 2023.
4. As per prosecution case, the petitioners and other co-accused persons came to the land of the informant armed with lathi, danda and rod. They assaulted the father and the brothers of the informant causing serious injuries to them. Subsequently, the father of the informant succumbed to his injuries.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. There is no specific allegation against the petitioners for assault and specific allegation of assaulting the father of the
3/4 informant is against co-accused Chulka and Haider. Further allegation of assaulting the informant is against Md. Haider. Learned counsel further submits that the father of the coaccused Chulka has filed a Complaint Case No.1406 of 2025 against the informant and other accused persons before the learned C.J.M, Katihar for the offences under Sections 115(2), 126(2), 76, 109, 191(2), 191(3), 303(2), 352, 351(2), 3(5) of the BNS. The petitioners have got no criminal antecedent. The petitioner, namely Md. Rojo is in custody since 25.08.2025, whereas the petitioner, namely Md. Belal @ Belal @ Md. Bilul and petitioner, namely Dilkhush @ Md. Dilkhush @ Md. Dilkhosh, both are in custody since 23.09.2025. The chargesheet has been submitted. Similarly situated co-accused Md. Majiful has been granted regular bail by this Court vide order dated 14.10.2025 passed in Cr. Misc. No. 71409 of 2025.
6. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioners.
7. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation against the petitioners and further considering the submission of charge sheet, period of custody of the petitioners and their clean antecedent, the
4/4 petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Katihar/concerned court, in connection with Kachna P.S. Case No. 41 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T