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Patna High CourtCR. MISC./81345/2025allowed

Md. Azeem @Md. Azeem Sah v. The State Of Bihar

2025-12-10Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81345 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- R S P.S. District- Araria ====================================================== 1.

Md. Azeem @Md. Azeem Sah Son of Md. Abbas Resident of village - Rajokhar Jattwara, Ward No.05, P. S. Araria R.S., Dist-Araria 2.

Manzur @ Md. Manzur Alam @ Md Mazur Alam Son of Md. Abbas Resident of village - Rajokhar Jattwara, Ward No.05, P. S. Araria R.S., DistAraria 3.

Nazma @ Bibi Nazra wife of Md. Azeem @ Md. Azeem Sah Resident of village - Rajokhar Jattwara, Ward No.05, P. S. Araria R.S., Dist-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.

2. The petitioners apprehend their arrest in connection with R.S. P.S. Case No.114 of 2025 registered for the offences punishable under Sections 192(2) & (3), 190, 126(2), 115(2), 118(1), 109, 329(3) & (4), 305, 76, 352 and 351(2) & (3) of the BNS, 2023.

3. On account of a previous land dispute, nineteen named accused persons, including the petitioners variously armed came to the house of the informant and started assaulting by means of lathi, danda and dabiya, due to which the informant

Patna High Court CR. MISC. No.81345 of 2025(2) dt.10-12-2025 2/3 and his wife sustained injuries.

4. Learned Advocate for the petitioners referring to the FIR has contended that besides the omnibus nature of allegation against the petitioners and others, so far the allegation of causing assault to the informant and his wife is concerned, the same is specifically attributed to co-accused Jamruddin and Sanjeem, who are not before this Court. It is further contended that on account of a previous land dispute, in fact, the parties had entered into a free fight resulting into injuries to persons of both the sides, which led to institution of counter case, bearing R.S. P.S. Case No.113 of 2025 against the informant and others, which is on earlier point of time. The petitioners though bear one criminal antecedent; however, they are on bail in the said case. They undertake that they will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application.

6. Having considered the submissions set forth by the learned Advocate for the respective parties and considering the omnibus nature of accusation against the petitioners, coupled with the factum of case and counter case as also the undertaking of the petitioners, let the above named petitioners, be released

Patna High Court CR. MISC. No.81345 of 2025(2) dt.10-12-2025 3/3 on bail, in the event of their arrest or surrender before the learned 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 learned Chief Judicial Magistrate, Araria in connection with R.S. P.S. Case No.114 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T