Taiyab Hussain Vs The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Vyas Kumar Mishra, Adv. For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 18-06-2025 Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners are apprehending their arrest in connection with Bhore P.S. Case No. 389 of 2019 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 379, 504, 34 of the IPC.

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As per prosecution case, petitioners and other having armed with lathi and danda came at the door of the informant and started abusing him and when same was

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Patna High Court CR. MISC. No.35900 of 2025(2) dt.18-06-2025 2/4

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protested, petitioner no. 1 ordered to kill the informant. Thereafter, co-accused Arun Kumar Bihari assaulted the informant by means of lathi on his back due to which he sustained injury. It is also alleged that co-accused Musmat Gayatri, with intention to kill, assaulted the informant by means of gadasa due to which the informant sustained injury on the head. It is alleged that when informant's brother came to rescue, he was also assaulted by the accused persons. It is also alleged that petitioner no. 1 took away bicycle worth Rs. 3,000/- which was kept at the door of informant.

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Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR. He further submits that there is no specific overt-act against petitioner no. 2 and just because of wife of petitioner no. 1, she has falsely been implicated in this case. He further submits that as per prosecution case, petitioner no. 1 is merely an order giver. Basically, no specific role is assigned to the petitioners with regard to assault upon the informant. In the light of aforesaid facts and circumstances of the case, no offence is made out against the petitioners under Section 307 of the IPC. He further submits that co-accused Arun Kumar Bihari @ Arun Kumar Sah and Musmat Gayatri, against whom there is specific

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Patna High Court CR. MISC. No.35900 of 2025(2) dt.18-06-2025 3/4

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allegation of assault, have already been granted privilege of anticipatory bail by a co-ordinate Bench of this court vide Cr. Misc. No. 3728 of 2025 and case of present petitioners stands on better footing so far as allegation is concerned and on the principle of parity, petitioners also deserve bail. Apart from that, petitioners have no criminal antecedent.

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The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioners, there is no specific overt-act of assault against the petitioners, coaccused has already been granted privilege of anticipatory bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No. 389 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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Patna High Court CR. MISC. No.35900 of 2025(2) dt.18-06-2025 4/4

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The application stands allowed.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Taiyab Hussain v. The State of Bihar

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Taiyab Hussain v. The State of Bihar

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