Md. Jilani @ Md. Zilani Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Jilani @ Md. Zilani Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Simri Bakhtiyarpur P.S. Case No. 590 of 2023.

Court's answer

Considering the facts and circumstances, this Court does not find it to be a fit case for anticipatory bail for the petitioner.

Ratio / Principle

The petitioner's application for anticipatory bail is dismissed.

Key takeaways

If the petitioner surrenders in the court below within four weeks and seeks regular bail, it shall be considered by the District Court without prejudice to this Court's rejection of the anticipatory bail application.obiter¶¶19
In considering regular bail, the Court below should also take into account that co-accused persons Md. Niyaz @ Niyaz Ali and Md. Rabbani @ Md. Gulam Rabbani have been granted regular bail by this Court vide order dated 23.10.2024 passed in Cr. Misc. No. 75124 of 2024.obiter¶¶21

Detailed headnote1 paragraphs

Anticipatory bail refused - Patna High Court (Hon'ble Mr. Justice Sandeep Kumar), oral order dated 21-02-2025 in Criminal Miscellaneous No. 6927 of 2025, arising out of Simri Bakhtiyarpur P.S. Case No. 590 of 2023, District Saharsa, registered for offences under Sections 448, 341, 323, 325, 307, 379, 504, 34 IPC. Petitioner Md. Jilani @ Md. Zilani apprehended arrest; he is said to have assaulted one Md. Saifan, who sustained injury in the parietal reason (term as printed in the order). Holding the case unfit for anticipatory bail, the Court dismissed the application, but directed that if the petitioner surrenders in the court below within four weeks and seeks regular bail, the District Court shall consider it without prejudice to this rejection; the Court below was further asked to weigh that co-accused Md. Niyaz @ Niyaz Ali and Md. Rabbani @ Md. Gulam Rabbani had already been granted regular bail by this Court vide order dated 23.10.2024 passed in Cr. Misc. No. 75124 of 2024. Counsel: Ashish Kumar Sinha, Advocate (petitioner); Damodar Prasad Tiwary, APP (State).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6927 of 2025

Arising Out of PS. Case No.-590 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa

======================================================

Md. Jilani @ Md. Zilani Son of Md. Niyaz @ Md. Niyaz Ali Resident of Village- Sitanabad, Ward No. 2, Sitanabad South, P.S.- Simri Bakhtiyarpur, District- Saharsa

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashish Kumar Sinha, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 21-02-2025

Heard the learned counsel for the petitioner as well as

the learned APP for the State.

2 . The petitioner apprehends his arrest in connection with Simri Bakhtiyarpur P.S. Case No. 590 of 2023 registered for offences under Sections 448, 341, 323, 325, 307, 379, 504, 34 of the Indian Penal Code.

3 . The petitioner is said to have assaulted one Md. Saifan who has sustained injury in the parietal reason.

4 . Considering the facts and circumstances of the case, I do not find it to be a fit case for anticipatory bail.

5 . The application for anticipatory bail is, accordingly, dismissed.

6 . However, if the petitioner surrenders in the court

Patna High Court CR. MISC. No.6927 of 2025(2) dt.21-02-2025 2/2

below within a period of four weeks from today and seeks regular bail, the same shall be considered by the District Court without being prejudiced to the fact that the anticipatory bail application of the petitioner has been rejected by this Court.

7 . The Court below will also consider the fact that the

co-accused persons namely Md. Niyaz @ Niyaz Ali and Md . Rabbani @ Md . Gulam Rabbani have been granted regular bail by this Court vide order dated 23.10.2024 passed in Cr. Misc. No. 75124 of 2024.

(Sandeep Kumar, J)

Shishir/-

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