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Patna High CourtCR. MISC./88569/2025partly allowed disposal

Md. Haism Rain v. The State Of Bihar

2026-01-15Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88569 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Md. Haism Rain S/o- Majebul Rain @ Md. Majebul Rain Village- Brampur, PS- Phulparas, District- Madhubani 2.

Md. Mumtaz Alam S/o- Ulfat Rain Village- Brampur, PS- Phulparas, District- MadhubaniVillage- Brampur, PS- Phulparas, District- Madhubani 3.

Khush Mohammad @ Khus Mohammad Rain S/o- Majebul Rain @ Md. Majebul Rain Village- Brampur, PS- Phulparas, District- Madhubani 4.

Md. Ali @ Ali Haq @ Akbar Ali @ Md. Akbar Ali S/o- Takai Rain VillageBrampur, PS- Phulparas, District- Madhubani 5.

Md. Ayub Alam S/o- Late Thakai Rain Village- Brampur, PS- Phulparas, District- Madhubani 6.

Md. Mainul Haq S/o- Idrish Rain Village- Brampur, PS- Phulparas, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Murli Dhar For the Informant :

Mr. R. Jha Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner prays for and is permitted to withdraw this application on behalf of the petitioner no. 1 and 3.

3. Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 1 and 3 and now this

Patna High Court CR. MISC. No.88569 of 2025(2) dt.15-01-2026 2/3 application is restricted to petitioner nos. 2, 4, 5 and 6.

4. The petitioner nos. 2, 4, 5 and 6 apprehend their arrest in connection with Phulparas P.S. Case No. 143 of 2025 registered for the offence under Section 329(3), 352, 115(2), 118(1), 109(1), 324(3), 76, 303, 117(2) and 3(5) of the BNS and under Section 27 of the Arms Act.

5. As per the prosecution case, the petitioners are accused of assaulting the informant and looting money.

6. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioners.

7. Considering the aforesaid facts, this application is partly allowed with regard to petitioner nos. 2, 4, 5 and 6.

8. Let the petitioner nos. 2, 4, 5 and 6, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Jhanjharpur, Madhubani/concerned Court below in connection with Phulparas P.S. Case No. 143 of 2025, subject to the conditions

Patna High Court CR. MISC. No.88569 of 2025(2) dt.15-01-2026 3/3 laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

(Sandeep Kumar, J) Vikas/- U