Mojam @ Md. Mojmil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82686 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- FORBESGANJ District- Araria ====================================================== Mojam @ Md. Mojmil S/O Noor Mohammad @ Md. Nuro R/O VillageRampur Uttar, Ward No. 11, P.S- Forbesganj, Distt.- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
Smt. Divya Bharti, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Forbesganj P.S. Case No. 178 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 352, 351(3), 3(5) of the BNS and later on Section 103(1) of the BNS was also added.
3. Allegedly, in the evening of the fateful day, while the son of the informant was coming to his house, in the meantime, all the seven named accused persons, including the petitioner, surrounded him and on account of old enmity brutally assaulted. There is specific allegation that co-accused Md. Rizwan has inflicted repeated knife blows over the back of the
Patna High Court CR. MISC. No.82686 of 2025(2) dt.17-12-2025 2/3 informant's son. On hulla being raised, the informant rushed to the place of occurrence to rescue his son, whereupon, he was also assaulted by co-accused Md. Dilnawaz and Rahamtullah.
4. Learned Advocate for the petitioner referring to the FIR contended that there is no specific accusation against the petitioner of causing any overt act and only on account of previous enmity his name has been implicated in this case. The specific accusation has been levelled against other accused persons, who are not before this Court. All the more, 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 Advocate for the State vehemently opposed the bail application and submitted that the petitioner has also actively participated in the crime.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the absence of any specific accusation against the petitioner, coupled with the fair antecedent, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.82686 of 2025(2) dt.17-12-2025 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 178 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T