Md. Saheb Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35333 of 2026

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Arising Out of PS. Case No.-82 Year-2025 Thana- ABADPUR District- Katihar

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

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Md. Saheb S/o Late Haroon R/o Lagua Ward no. 9, Dasgaon, P.O. - Dasgram, P.S. - Aabadpur, Dist. - Katihar.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Md. Helal Ahmad, Adv. For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 01-06-2026

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Heard Mr. Helal Ahmad, learned Advocate for the petitioner and Mr. Pawan Kumar Chaurasia, learned Additional Public Prosecution for the State through virtual mode.

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The petitioner apprehend his arrest in connection with Abadpur P.S. Case No. 82 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 74, 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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On the given date and time of occurrence, allegedly all the accused persons, ten in numbers, including the petitioner armed with various weapons came there and started abusing and assaulting. The specific allegation against the petitioner is of causing assault over the head of the informant by means of knife and in the meantime, when the family members of the informant came to his rescue, they were also assaulted by other co-accused persons. The accused persons also snatched the valuables.

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Patna High Court CR. MISC. No.35333 of 2026(2) dt.01-06-2026 2/3

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Learned Advocate for the petitioner taking this Court to the injury report of the informant, Dildar Ali has submitted that the entire prosecution falls to the ground for the simple reason that it doesn’t corroborate the prosecution case. Though, the informant has sustained three injuries, all of them have been found to be simple in nature caused by hard and blunt substance. The other accused persons who have also allegedly sustained injuries, are also found to be simple in nature. The petitioner is a man carrying fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court and would not indulge in such incidence in future.

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On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the accused persons including the petitioner have brutally assaulted the informant and others, due to which they sustained serious injuries.

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Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the injury report which prima facie doesn’t corroborate the prosecution case, moreover, the alleged injuries have been found to be simple in nature and the petitioner bears fair antecedent, let the petitioner above named be released on bail, in the event

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Patna High Court CR. MISC. No.35333 of 2026(2) dt.01-06-2026 3/3

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of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIII, Katihar in connection with Abadpur P.S. Case No. 82 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner and if the petitioner is found indulge in threatening the informant and his family members or would indulge in such activities in future, the State and the informant shall be at liberty to file an appropriate application for cancellation of his bail bond.

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(Harish Kumar, J)

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sadique/-

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U T

Md. Saheb v. The State of Bihar

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Md. Saheb v. The State of Bihar

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