Rohid @ SahidversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31485 of 2026
                        Arising Out of PS. Case No.-83 Year-2026 Thana- KADWA District- Katihar
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           1.     Rohid @ Sahid Son of Hussain @ Md. Hussain Resident of Village -
                  Gosaipur, PS - Azamnagar,District - Katihar
           2.    Shamim @ Shamim Akhtar son of Hussain @ Md. Hussain Resident of
                 Village - Gosaipur, PS - Azamnagar,District - Katihar
           3.    Nasim @ Md. Nasim Son of Hussain @ Md. Hussain Resident of Village -
                 Gosaipur, PS - Azamnagar,District - Katihar
           4.    Hussain @ Md. Hussain Son of Abdul Tauf Resident of Village - Gosaipur,
                 PS - Azamnagar,District - Katihar
           5.     Parwej @ Md. Prawej son of Bhola @ Abdul Khalid Resident of Village -
                  Bhathha , PS - Kadwa,District - Katihar
                                                                         ... ... Petitioners
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :       Mr.Bimal Kumar, Advocate
                 For the Opposite Party/s :       Mr.Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026               Heard learned counsel for the petitioners and learned APP

                   for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Kadwa P.S. Case No.

                   83 of 2026 registered for the offences punishable under Sections

                   137(2) and 140(4) of the Bhartiya Nyay Sanhita, 2023 (in short,

                   the ‘B.N.S.’).

                             3. The allegation against the petitioners is to assault the

                   nephew and brother of the informant while they were going to

                   purchase the building materials and during the course of

                   occurrence, they snatched the cash of Rs. 2 lakhs from the pocket
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          of nephew of the informant.

                    4. Learned counsel appearing on behalf of the petitioners

          submitted that the petitioners were implicated falsely with the

          present crime in question due to previous enmity and matrimonial

          discord. It is submitted that petitioner Nos. 1, 2 and 3 are own

          brother-in-laws of the brother of the informant, namely, Mohd.

          Masrikul Haque, whereas petitioner no. 4 is his father-in-law and

          petitioner no. 5, namely, Parwej is his maternal father-in-law.

                    5. It is pointed out that on the same very day, this case was

          lodged in retaliation of the present case which was lodged against

          Mohd. Masrikul Haque by his brother-in-law when he came to the

          parental house of his wife and made an attempt to kill her, but was

          caught red-handed by the petitioners and handed over to the

          police.

                    6. It is pointed out that before the present case, the wife of

          brother of the informant, namely, Mohd. Masrikul Haque lodged a

          matrimonial case against him which was registered as Pranpur P.S.

          Case No. 20 of 2026, which is the calyx of all such disputes and

          litigation.

                    7. While explaining criminal antecedent, it is submitted

          that petitioner nos. 1 to 4 are of clean antecedent, whereas

          petitioner no. 5 involved in five cases, wherein he is on bail and

          merely out of his criminal antecedents, he was implicated in the
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                     present crime in question.

                              8. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners.

                              9. In view of the aforesaid factual submissions and by

                     taking note of the fact as the present case prima-facie lodged on

                     the same very day in retaliation of Azamnagar P.S. Case No. 98 of

                     2026 and also in the background of matrimonial discord between

                     the brother of the informant and his wife, accordingly, above-

                     named petitioners, in the event of their arrest/surrender within a

                     period of four weeks from this order, are directed to be enlarged on

                     bail on furnishing of bail bond of Rs.10,000/- (ten thousand only)

                     with two sureties of the like amount each to the satisfaction of

                     learned Chief Judicial Magistrate, Katihar/concerned court in

                     connection with Kadwa P.S. Case No. 83 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the Cr.P.C/Section

                     482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short

                     “B.N.S.S.”).



                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T