Ainul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1404 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- KORHA District- Katihar ====================================================== 1.

Ainul Haque, S/o Late Abdul Rauf, 2.

Nasima Khatoon, W/o Ainul Haque Both are R/o Sandalpur, Ward No.10, P.S.- Korha, Distt.- Katihar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Korha P.S. Case No.200 of 2024 registered under Sections 126(2), 115(2), 74, 109, 303(2) read with 34 of the Bhartiya Nyaya Sanhita (for short 'B.N.S.').

3. Allegation against the petitioners is to assault the informant and others along with co-accused persons causing head and bodily injuries. The assault was alleged to be made with intention to cause death.

Patna High Court CR. MISC. No.1404 of 2025(2) dt.05-02-2025 2/3

4. It is submitted by learned counsel appearing for the petitioners that both parties are relatives and the allegation for physical assault against the petitioners are appearing very general and omnibus. It is pointed out that against petitioner no.1, there is no allegation regarding physical assault, whereas the allegation against petitioner no.2 is appearing general and omnibus as to assault with chain to the family members of the informant. Both the petitioners are said to be of clean antecedent

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of nature of accusation, where allegation of physical assault against petitioners appearing general and omnibus, accordingly, both above-named, petitioners are directed to be released on bail, in the event of their arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No.200 of 2024, subject to

Patna High Court CR. MISC. No.1404 of 2025(2) dt.05-02-2025 3/3 the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T