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Patna High CourtCR. MISC./81289/2025allowed

Sahbaj @ Sahnawaj Alam v. The State Of Bihar

2025-12-09Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81289 of 2025 Arising Out of PS. Case No.-258 Year-2025 Thana- DIGHWARA District- Saran ====================================================== 1.

Sahbaj @ Sahnawaj Alam S/o Manjoor Alam R/o Shankarpur Road Dighwara, P.S. - Dighwara, Distt.- Saran (Chapra) 2.

Raju Alam @ Raju S/o Manjoor Alam R/o Shankarpur Road Dighwara, P.S. - Dighwara, Distt.- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramkishor Singh, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.

2. The petitioners apprehend their arrest in connection with Dighwara P.S. Case No.258 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 329(3), 126(2), 115(2), 118(1), 109, 352, 351(2) and 61(2) of the BNS, 2023.

3. Allegedly, thirty three named accused persons, including the petitioners and 10-15 unknown persons assaulted the informant and others by means of fist, slap, lathi, danda and iron rod as well as knife, due to which they sustained serious injuries.

Patna High Court CR. MISC. No.81289 of 2025(2) dt.09-12-2025 2/3

4. Learned Advocate for the petitioners referring to the FIR has contended that besides the omnibus nature of allegation against the petitioners and others, there is only specific allegation against accused Tanvir Alam and Imtiyaz Kuraishi, who have specifically assaulted the informant and others. It is further contended that the present case is nothing but a counter blast to Dighwara P.S. Case No.255 of 2025 instituted against the informant and others. The petitioner only being a family member of other co-accused persons, their names have been implicated in this case; however, without there being any specific allegation of overt act. Petitioner no.1 bears fair antecedent whereas petitioner no.2 bears one criminal antecedent, but the same is also arising out of the same occurrence.

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

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation, coupled with the factum of case and counter case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from

Patna High Court CR. MISC. No.81289 of 2025(2) dt.09-12-2025 3/3 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 A.C.J.M.-I, Saran at Chapra in connection with Dighwara P.S. Case No.258 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