Md. Liyakat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83285 of 2025 Arising Out of PS. Case No.-244 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== 1.
Md. Liyakat S/O Md. Konain @ Takru @ Takharu Miya R/O Vil - Parushottampur Ward No-05, Post-Purkhotimpur Janardhanpur, Police Station-Kalyanpur, District-Samastipur.
2.
Md. Altaf @Md. Altaf Raja @ Md. Guddu @ Guddu Son of Md. Sabir. R/O Vil - Parushottampur Ward No-05, Post-Purkhotimpur Janardhanpur, Police Station-Kalyanpur, District-Samastipur.
3.
Md. Niyaz Son of Md. Chote R/O Vil - Parushottampur Ward No-05, PostPurkhotimpur Janardhanpur, Police Station-Kalyanpur, District-Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Abhay Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 115(2), 126(2), 303(2), 351(2), 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., on 04.07.2025 at about 9:30 PM, when the informant was closing his shop, in the meantime, all the F.I.R. named accused persons, including these petitioners, along with some unknown persons, variously armed, came and on the instigation of co-accused Md. Tanweer, other co-accused
Patna High Court CR. MISC. No.83285 of 2025(2) dt.09-02-2026 2/3 persons assaulted informant and his son. It is specifically alleged that Petitioner Nos. 1 and 2 assaulted son of informant with iron rod and butt of pistol. It is further alleged that accused persons also snatched cash of Rs. 5,000/- from the shop and also destroyed 100 bottles containing cold-drink and water worth Rs. 8,000/- from the shop.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are co-villagers and petitioners have falsely been implicated in this case with ulterior motive. Doctor has found the injuries, allegedly caused by Petitioner Nos. 1 and 2, simple in nature. So far as Petitioner No. 3 is concerned, there is general and omnibus allegations and no specific accusation of assault or any other overt act has been alleged against him. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation against Petitioner No. 3, nature of injuries allegedly caused by
Patna High Court CR. MISC. No.83285 of 2025(2) dt.09-02-2026 3/3 Petitioner Nos. 1 and 2 and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail 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, Samastipur in connection with Kalyanpur P.S. Case No. 244 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) shashank/- U T