Md. Asif @ Md. Asif Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2285 of 2025 Arising Out of PS. Case No.-307 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.

Md. Asif @ Md. Asif Khan Son of Md. Allauddin Resident of Madarsa Gali, P.S.- Chowk, District- Patna 2.

Md. Naushad @ Md. Nuashad Alam son of Md. Allauddin Resident of Madarsa Gali, P.S.- Chowk, District- Patna 3.

Md. Imran Quaraishi @ Md. Imran Son of Md. Salauddin Quraishi Resident of Madarsa Gali, P.S.- Chowk, District- Patna 4.

Prince @ Md. Tanveer @ Md. Tanveer Alam son of Md. Salauddih Resident of Madarsa Gali, P.S.- Chowk, District- Patna 5.

Qamar Ahmad @ Md. Qamar Ahmad son of Md. Umar @ Umar Qurashi Resident of Madarsa Gali, P.S.- Chowk, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered under Sections 147, 148, 149, 120-B, 341, 323, 307, 379, 427, 435 and 504 of the Indian Penal Code.

3. As per prosecution case, on 28.06.2024 at about 02:00 pm, 35 persons armed with iron rod, sword, pistol and explosive substance assaulted informant and snatched his purse containing Rs. 15,000/-, gold ring, PAN Card, ATM Card,

Patna High Court CR. MISC. No.2285 of 2025(2) dt.12-02-2025 2/3 Driving License and locket. It is further alleged that the accused persons set the motorcycle of informant on fire.

4. Learned counsel appearing on behalf of the petitioners submits that due to land dispute between the parties, this false and fabricated case has been lodged. Allegation of assault is general and omnibus. No specific over act has been alleged against these petitioners. He further submits that as per FIR, informant was assaulted by 35 persons, but there is no injury report on record to corroborate the same, which itself creates doubt over the veracity of prosecution case. Similarly situated co-accused persons have been granted anticipatory bail by this Court, vide order dated 04.02.2025 passed in Cr.Misc. No. 210 of 2025.

5. Learned A.P.P. for the State opposed the bail application.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Patna City, Patna, in connection

Patna High Court CR. MISC. No.2285 of 2025(2) dt.12-02-2025 3/3 with Chowk P.S. Case No. 307 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) anay U T