Md. Kaushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88327 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- Mufassil District- Purnia ====================================================== 1.

Md. Kaushar Son of Md. Alauddin @ Alauddi R/o Village - Manjheli Belawa, PS. - Muffasil, Dist. - Purnea.

2.

Md. Malik @ Md. Malek Son of Jamruddin @ Md. Jammu R/o Village - Balwa, PS. - Muffasil, Dist. - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-01-2026 Heard Mr. Ajit Ranjan Kumar, learned counsel for the petitioners and Ram Bilash Roy Raman, learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Muffasil P.S. Case No. 145 of 2025, F.I.R. dated 12.07.2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 115(2), 118(1), 126(2), 127(2), 121(1), 121(2), 324(4), 109, 132, 221, 303(2), 351(2), 226(F) of the B.N.S.

3. As per prosecution case, the petitioner and other coaccused persons are alleged to have abuses, snatched the weapons of Police officials and causing injury to them and also

Patna High Court CR. MISC. No.88327 of 2025(2) dt.09-01-2026 2/3 tried to disturbed conveyance of general public.

4. Learned counsel for the petitioners submit that the petitioners have clean antecedent and they have been falsely implicated in the present case. Petitioner no. 1 is named in the F.I.R. whereas petitioner no. 2 is not named in the F.I.R. From perusal of the F.I.R., it appears that on the basis of video footage, the petitioners and other accused persons are falsely been implicated in this case and there is no specific allegation against these petitioners of assaulting anyone rather the allegation are general and omnibus against these petitioners.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedent and the allegation are general and omnibus against these petitioners, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Muffasil P.S. Case No. 145 of 2025, subject to the conditions as laid down under

Patna High Court CR. MISC. No.88327 of 2025(2) dt.09-01-2026 3/3 Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioners tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ranjeet/- U T