Md. Badruddin Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate : Ms. Archna Aanand, Advocate For the State : Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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4 01-04-2026

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Heard Mr. Bhavesh Kumar Sah, learned counsel for

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the petitioner and learned APP representing the State.

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The petitioner is apprehending his arrest in

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connection with Phulparas P.S. Case No. 279 of 2025 registered for the offence under Sections 126(2), 308(3), 115(2), 118(1), 109(1), 352, 303(2), 324(4) and 3(5) of the B.N.S., lodged on 27.06.2025 by the informant, Md. Mujahir.

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As per the prosecution story, the informant alleged that on minor dispute at a marriage function, the accuse started assaulting and allegation against this petitioner is of giving ‘tengari’ blow to Mohammad Akhtar beside assaulting the informant. Mohammad Anwarul and Mohammad Sufiyan also assaulted. This led to the F.I.R..

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Patna High Court CR. MISC. No.6532 of 2026(4) dt.01-04-2026 2/4

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Learned counsel for the petitioner submits that exaggerated F.I.R. is there, the injuries have been found to be simple in nature, the petitioner do not have criminal antecedent and there is counter version of this case also. Last submission is that without accepting the allegation or outcome of the present petition, the petitioner intends to pay Rs.5,000/- to the Mohammad Akhtar through the informant towards treatment by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond.

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Learned APP opposes the prayer submitting that allegation of assault is against this petitioner.

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Considering the submissions put forward by the parties and perusing the record, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.5,000/- to Mohammad Akhtar through the informant as undertaken by the learned counsel for the petitioner through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of the bail bond and the same shall be handed over to Mohammad Akhtar through the informant after checking credentials.

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Patna High Court CR. MISC. No.6532 of 2026(4) dt.01-04-2026 3/4

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Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 279 of 2025 subject to the following conditions:-

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(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;

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(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

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(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;

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(iv) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty

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Patna High Court CR. MISC. No.6532 of 2026(4) dt.01-04-2026 4/4

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to take steps for cancellation of bail bonds;

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(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.

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(Rajiv Roy, J)

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vinayak/-

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U T

Md. Badruddin v. The State of Bihar

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Md. Badruddin v. The State of Bihar

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