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Patna High CourtCR. MISC./88388/2025allowed

Sahanwajul Islam @ Shahnawajul Islam @ Md. Sahwajul Islam v. The State Of Bihar

2026-01-09Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88388 of 2025 Arising Out of PS. Case No.-196 Year-2025 Thana- KEWATI District- Darbhanga ====================================================== 1.

Sahanwajul Islam @ Shahnawajul Islam @ Md. Sahwajul Islam S/O Atahrul Islam @ Atrul Islam @ Atharul Islam Resident of village - Asraha, Police Station - Keoti, District - Darbhanga 2.

Merajul Islam @ Md. Merajul Islam S/O Atahrul Islam @ Atrul Islam @ Atharul Islam Resident of village - Asraha, Police Station - Keoti, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in a case instituted under Sections 126(2), 115(2), 352, 74, 109 and 3(5) of the B.N.S. and Sections 3 and 4 of Prevention of Witch Practices Act.

3. As per prosecution case, on the alleged date of occurrence, the named accused Kamre Alam started abusing the informant by saying Dain and on protest, accused Kamre Alam caught her, due to which her dress was torn. On hulla, informant's son came to save her, then co-accused Kamre Alam gave iron blow on his head due to which he sustained injury.

Patna High Court CR. MISC. No.88388 of 2025(2) dt.09-01-2026 2/3 Petitioners are alleged to have inflicted knife blows on the neck of informant's son.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The F.I.R. has been lodged after delay of two days without any plausible explanation. There is a case and counter case between both the parties. It is further stated that as per the injury report of the injured, it appears that the injury to the injured is found to be simple in nature caused by hard and blunt substance but NCT Brain DMCH (Medanta Injury Report) is grievous in nature which does not corroborate the prosecution case. The petitioners have one criminal antecedent in which they are on bail. Petitioners undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned

Patna High Court CR. MISC. No.88388 of 2025(2) dt.09-01-2026 3/3 court in connection with Keoti P.S. Case No.196 of 2025, subject to the conditions as laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) harish/- U T