Dilkash @ Md. Dilkash Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72050 of 2025

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Arising Out of PS. Case No.-424 Year-2025 Thana- LAHERIYASARAI District- Darbhanga

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

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Dilkash @ Md. Dilkash S/o Md. Badruddin R/o Village- Beta Ward No 36, PS- Laheria Sarai, District- Darbhanga

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Laddu @ Najrey Alam S/o Md. Badruddin R/o Village- Beta Ward No 36, PS- Laheria Sarai, District- Darbhanga

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Chhotkan @ Md. Sadrey Alam @ Chhote @ Chhote @ Sadre Alam S/o Md. Badruddin R/o Village- Beta Ward No 36, PS- Laheria Sarai, DistrictDarbhanga

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Babar @ Badre @ Babere @ Badre Alam S/o Md. Badruddin R/o VillageBeta Ward No 36, PS- Laheria Sarai, District- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 5677 of 2026

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Arising Out of PS. Case No.-424 Year-2025 Thana- LAHERIYASARAI District- Darbhanga

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

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Md. Wazir Manowar @ Wazeer Manuawar Son Of Md. Badruddin R/O Village - Beta Ward No . 36 , P.S- Laheriyasaria District- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 72050 of 2025) For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the State : Mrs. Rita Verma, APP For the Informant : Mr. Shahnawaz Ali, Advocate (In CRIMINAL MISCELLANEOUS No. 5677 of 2026) For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the State : Mr. Nitya Nand Tiwary, APP For the Informant : Mr. Shahnawaz Ali, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR

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ORAL ORDER

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3 01-04-2026

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Heard learned counsel for the petitioners, learned APP

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for the State and learned counsel for the informant.

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Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026 2/5

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The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Laheriyasarai P.S. Case No. 424 of 2025 dated 06.07.2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of B.N.S., 2023.

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As per allegation, the accused-petitioner/Md. Wazir Manowar has assaulted the informant/Md. Salman by spear on his face, whereas other co-accused/petitioners herein assaulted the father and brothers of the informant.

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Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as per the case diary and injury report, the allegation is not fully corroborated, because as per the case diary, only the informant has been found to be injured and even that injury is simple in nature as per the medical opinion and there is no injury report of any other alleged victims.

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It is also stated in paragraph no. 2 of the bail petitions that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the petitions that the petitioner/Babar @ Badre @ Babere @ Badre

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Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026 3/5

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Alam has no criminal antecedent. The petitioners/Laddu @ Najrey Alam and Md. Wazir Manowar @ Wazeer Manuawar have two criminal antecedents, whereas the petitioners/Dilkash @ Md. Dilkash and Chhotkan @ Md. Sadrey Alam @ Chhote @ Chhote @ Sadre Alam have one criminal antecedent.

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Learned APP for the State and learned counsel for the informant vehemently oppose the prayer of the Petitioners for bail submitting that all the petitioners have criminal antecedents except the petitioner/Babar @ Badre and the informant/Md. Salman has got lacerated wound on the right side of cheek i.e. vital part of the body.

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I considered the submissions advanced by both the parties and perused the materials on record.

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I find that only the informant/Md. Salman is found to be injured though that injury is simple in nature. Hence, major Section 109 BNS is not made out against the petitioners and no other alleged victims have been found to be injured as per the case diary and allegation of assault against the informant is only against the petitioner/Md. Wazir Manowar @ Wazeer Manuawar.

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Hence, the petition, filed by the petitioner/Md. Wazir Manowar @ Wazeer Manuawar i.e. Cr. Misc. No. 5677

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Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026 4/5

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of 2026 is rejected with liberty to him to surrender before the Court below and file regular bail petition and in case of such surrender and filing of regular bail petition, learned Court below is requested to hear his petition on the same day.

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As far as other petitioners in Cr. Misc. No. 72050 of 2025 are concerned, they are directed to be released on anticipatory bail, particularly in view of the fact that no injury, as allegedly caused by the other petitioners, are found as per the case diary, because only one injured person has been found i.e. the informant/Md. Salman who has allegedly been assaulted by the other petitioner/Md. Wazir Manowar @ Wazeer Manuawar whose petition has been rejected.

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Accordingly, the petition i.e. Cr. Misc. No. 72050 of 2025 is allowed, directing the petitioners above-named in Cr. Misc. No. 72050 of 2025 , to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Concerned Court below, in connection with Laheriyasarai P.S. Case No. 424 of 2025, subject to the conditions as laid down under Section 482

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Patna High Court CR. MISC. No.72050 of 2025(3) dt.01-04-2026 5/5

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(2) B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court

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below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

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(Jitendra Kumar, J)

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shoaib/-

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U T

Dilkash @ Md. Dilkash v. The State of Bihar

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Dilkash @ Md. Dilkash v. The State of Bihar

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