Patna High CourtCR. MISC./88628/2025partly allowed disposal

Shahjad Ali Peshar @ Shahjad Ali @ Mohammad Sahzad Ali @ Md. Shahjad Ali v. The State Of Bihar

2026-01-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88628 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Shahjad Ali Peshar @ Shahjad Ali @ Mohammad Sahzad Ali @ Md. Shahjad Ali S/o Azirullah @ Azirullah Ali Resident of VillageMohammadpur, Sahtakiya, P.S.- Panchrukhi, Dist.- Siwan (Bihar) 2.

Shamima Khatoon W/o Shahjad Ali Peshar @ Shahjad Ali @ Md. Shahjad Ali Resident of Village- Mohammadpur, Sahtakiya, P.S.- Panchrukhi, Dist.- Siwan (Bihar) 3.

Mohammad Kajim Miyan @ Md. Kajim S/o Fakira Miyan Resident of Village- Mohammadpur, Sahtakiya, P.S.- Panchrukhi, Dist.- Siwan (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== 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.

3. Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 1 and now this application is restricted to petitioner nos. 2 and 3 only.

4. The petitioner nos. 2 and 3 apprehends their arrest in connection with Panchrukhi P.S. Case No. 164 of 2025 registered for the offence under Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the BNS, 2023..

Patna High Court CR. MISC. No.88628 of 2025(2) dt.15-01-2026 2/2

5. As per the prosecution case, the petitioners are accused of assaulting the informant because of land dispute.

6. It has been submitted by the learned counsel for the petitioners that the petitioner nos. 2 and 3 are innocent and they have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner nos. 2 and 3.

7. Considering the aforesaid facts, this application is partly allowed with regard to petitioner nos. 2 and 3 only.

8. Let the petitioner nos. 2 and 3 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 Principal District and Sessions Judge, Siwan/concerned Court below in connection with Panchrukhi P.S. Case No. 164 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

(Sandeep Kumar, J) Vikas/- U