Md. Hibjul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83181 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- ALINAGAR District- Darbhanga ====================================================== Md. Hibjul S/o Late Manjur Resident of Village- Dhamubara, P.S.- Alinagar, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Mushtaque Alam, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Alinagar P.S. Case No. 107 of 2025, registered for the offences punishable under Sections 126(2), 115, 118(1), 109, 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
3. On the fateful day while the brother of the informant went to the house of the petitioner for demanding his due amount of ten thousand, the petitioners alongwith others brutally assaulted him. It is specifically alleged that this petitioner has assaulted the informant's brother by means of tengari over his head, due to which he sustained serious injury.
4. Learned Advocate appearing on behalf of the
Patna High Court CR. MISC. No.83181 of 2025(2) dt.17-12-2025 2/3 petitioner submits that the name of the petitioner has been implicated in this case, only on account of a previous dispute. So far the injury which is allegedly sustained to the informant is concerned, on the instruction he submits that the same is found to be simple in nature. The prayer for bail of the petitioner came to be negated only on account of the fact that he bears one criminal antecedent, however the same is of the year 2016 and the petitioner is on bail in the said case. It is further contended that now the petitioner undertakes that he will fully cooperate in the proceeding of the Court and abide by the terms and condition.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the statement made at the Bar that the injured has sustained simple injury, let the petitioner above named 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 amount each to the satisfaction of the learned Sub Divisional
Patna High Court CR. MISC. No.83181 of 2025(2) dt.17-12-2025 3/3 Judicial Magistrate, Benipur, Darbhanga in connection with Alinagar P.S. Case No. 107 of 2025, subject to verification with respect to the nature of injury as stated to be simple by the Court below and also 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) supratim/- U T