Maksud Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90642 of 2025 Arising Out of PS. Case No.-220 Year-2025 Thana- AMNAUR District- Saran ====================================================== 1.

Maksud Alam Son of Akhtar Ali Resident of Village- Apahar, P.S.- Amnour, Dist- Saran at Chapra 2.

Kuraisha Khatun Wife of Md. Rasid Resident of Village- Apahar, P.S.- Amnour, Dist- Saran at Chapra 3.

Hasrat Ali Son of Kurban Miyan Resident of Village- Apahar, P.S.- Amnour, Dist- Saran at Chapra 4.

Rizwan Ali Son of Ansaru Miyan @ Ansaru Ali Resident of Village- Apahar, P.S.- Amnour, Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate :

Ms. Pampy Kumari, Advocate For the State :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-01-2026 Learned counsel for the petitioners pray for and is allowed to make necessary correction in paragraph no.3 of the petition regarding its case number.

2. Heard the parties.

3. The petitioners are apprehending their arrest in connection with Amnour P.S. Case No. 220 of 2025 registered for the offence punishable under Sections 115(2), 126(2), 109(1), 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, lodged on 18.07.2025 by the informant Ankita Raj.

4. As per the prosecution story, the informant alleged

Patna High Court CR. MISC. No.90642 of 2025(2) dt.15-01-2026 2/3 that after treatment of her child, as they were returning on their vehicle, the wedding procession of Siraj Ansari was going on. As they have blocked the road, request was made whereafter the accused side armed variously assaulted causing injuries. The husband and the informant was taken to the Primary Health Centre, Garkha, Saran at Chapra and the allegation is that thereafter Ehsan Ali threatened the informant and others with dire consequences after their release on bail. This led to the F.I.R.

5. Learned counsel for the petitioners submit that on petty issue, the scuffle took place which has been exaggerated.

6. Learned APP on the other hand has taken this Court to the learned Sessions Judge order to show that the alleged assault by the petitioner side causing injuries to the informant as also her husband, led to serious law and order situation in that area and the Administration has to deploy additional forces to control the said law and order situation between the two sets of society. He further submits that the petitioners have criminal antecedent.

7. Learned counsel for the petitioner had taken this Court to an order passed by coordinate Bench in Cr. Misc. No. 85430 of 2025 (Najrul Miyan and Ors. vs. The State of Bihar)

Patna High Court CR. MISC. No.90642 of 2025(2) dt.15-01-2026 3/3 disposed of on 24.12.2025 to show that similar situate persons have been extended relief.

8. A perusal of the said order would show that one of the ground that has been taken by the coordinate Bench to grant relief is that the petitioners have absolutely clean antecedent. Here the situation is different, the paragraph no.3 shows that the petitioners are accused in Amnour P.S. Case No. 219 of 2025 (wrongly typed as Amnour P.S. Case No. 119 of 2025). Thus the case of the petitioners cannot be equated with the Cr. Misc. No. 85430 of 2025.

9. This Court has taken note of the submission of learned APP as also the observation made by the learned Sessions Judge as to how on the ground of only pass to the Car, serious law and order situation was created by the accused side. In that background this Court is not inclined to extend relief to the petitioners.

10. The anticipatory bail application stands rejected. (Rajiv Roy, J) vinayak/- U T