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Patna High CourtCR. MISC./92064/2025partly allowed disposal

Shabanam Pravin @ Shabanam Khatun v. The State Of Bihar

2026-03-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.92064 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- MORKAHI District- Khagaria ====================================================== 1.

Shabanam Pravin @ Shabanam Khatun, Female, Aged about 46 Years, W/O Md. Parvej @ Parvej Alam 2.

Md. Rehan Alam, Male, Aged about 24 Years, S/o- Md. Parvej @ Parvej Alam 3.

Md. Parvej @ Parvej Alam, Male, Aged about 61 Years, S/o Late Md. Habib Uddin All are Resident of Village- Rasounk, P.S-Morkahi, District-Khagaria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Vikram, Advocate Mr. Dhananjay Kumar, Advocate Ms. Shrishti Kumari, Advocate For the Informant :

Mr. Jai Kishor Poddar, Advocate For the State :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-03-2026 Heard Mr. Aditya Vikram, learned counsel appearing on behalf of the petitioners; Mr. Jai Kishor Poddar, learned counsel for the Informant and Mr. Arun Kumar, learned A.P.P. for the State.

2. The petitioners seek pre-arrest bail in connection with Morkahi P.S. Case No. 80 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 329(3) and 3(5) of the B.N.S.

3. As per the allegation made in the FIR, petitioners along with other accused persons had entered into the house of the informant and they had assaulted the informant side causing

Patna High Court CR. MISC. No.92064 of 2025(3) dt.19-03-2026 2/3 injuries.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Due to enmity, the petitioners have been made accused in the present case. There is case and counter case between the parties. Both the parties were indulged into fierce-fight and the petitioners, in their self defence, may have caused injury to the persons of the informant, without intention. Petitioners have clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the FIR and the case diary, it appears that the petitioner no.3 (Md. Parvej @ Parvej Alam) along with other co-accused, namely, Md. Dilshad @ Chhotu, who is not before this Court, had assaulted the Mansoor Alam (informant), who has received three grievous injuries, as per opinion of the Doctor and it can be said that one of the injuries is attributable to the petitioner no. 3(Md. Parvej @ Parvej Alam). I am not inclined to enlarge the petitioner no.3 on pre- arrest bail.

Patna High Court CR. MISC. No.92064 of 2025(3) dt.19-03-2026 3/3

7. So far as petitioners no.1 and 2 are concerned, there is general and omnibus allegation against them and no materials has come during the course of investigation, they are directed to to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, 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 District Court where the case is pending, in connection with Morkahi P.S. Case No. 80 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners no. 1 and 2 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners no. 1 and 2 as what has been stated in paragraph no. 3, this order will lose its force automatically.

9. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J) Niraj/- U T