Md. SanaullahversusThe State of Bihar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.59045 of 2025
                       Arising Out of PS. Case No.-52 Year-2025 Thana- KHAIRA District- Saran
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               Md. Sanaullah S/o Md. Mojib @ Late Md Mojib R/o vill - Khodaibag, P.S.-
               Khaira, Distt.- saran                                 ... ... Petitioner/s
                                              Versus
               The State of Bihar                            ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
               For the Opposite Party/s :        Mr. Md. Matloob Rab, APP
               For the Informant        :        Mr. Tej Pratap Singh, Advocate
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

7 10-03-2026                   Heard Mr. Alok Kumar Alok, learned counsel for the

               petitioner,      Mr. Md. Matloob Rab,learned Additional Public

               Prosecutor for the State as well as Mr. Tej Pratap Singh, learned

               counsel for the Informant.

                           2. Petitioner seeks bail who is in custody since

               24.04.2025 in connection with Khaira P.S. Case No. 52 of 2025,

               F.I.R. dated 15.03.2025 for the offences punishable under Sections

               126(2), 115(2), 109, 352 of the Bharatiya Nyay Sanhita, 2023.

                           3. According to prosecution case, it is alleged that the

               petitioner assaulted the informant’s husband with iron rod on his

               head with intention to kill him.

                           4. Learned counsel for the petitioner submits that

               petitioner is innocent and he has falsely been implicated in the

               present case. The allegation levelled against the petitioner is false

               and fabricated and charge sheet has been framed against the
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       petitioner on 31.01.2026 under Section 126(2), 115(2), 109, 352,

       352(2) of BNS and as per allegation in the FIR, the petitioner

       assaulted the husband of the informant by means of iron rod and

       husband of the informant received grievous injury and after three

       month he died but the learned trial court has refused to frame

       charge against the petitioner under Section 103 of BNS and as per

       injury report, which was provided by the Medical Officer, Chapra,

       the injury inflicted upon the informant was simple in nature at the

       time of initial treatment. He further submits that the police after

       investigation submitted the charge sheet against the petitioner and

       the petitioner is in custody since 24.04.2025.

                   5. The learned Additional Public Prosecutor and learned

       counsel for the Informant have vehemently opposed the prayer for

       bail of the petitioner and submit that this is a case of Section 109

       and 103 of BNS and there is direct and specific allegation against

       the petitioner and apart from that petitioner carries one criminal

       antecedent other than the present one in which he is on bail.

                    6. Considering the aforesaid facts and circumstances

       and period of custody, let the petitioner, above named, be released

       on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

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

       learned Judicial Magistrate-Ist Class, Saran, Chapra in connection
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                   with Khaira P.S. Case No. 52 of 2025, subject to the following

                   conditions:-

                                 i. Petitioner shall co-operate in the trial and shall be

                    properly represented on each and every date fixed by the court

                    and shall remain physically present as directed by the court and

                    on his absence on two consecutive dates without sufficient

                    reason, his bail bond shall be cancelled by the Court below.

                                 ii. If the petitioner tampers with the evidence or the

                    witnesses, in that case, the prosecution will be at liberty to move

                    for cancellation of bail.

                                iii. And further condition that the court below shall

                   verify the criminal antecedent of the petitioner and in case at any

                   stage it is found that the petitioner has concealed his criminal

                   antecedent, the court below shall take step for cancellation of bail

                   bond of the petitioner. However, the acceptance of bail bonds in

                   terms of the above-mentioned order shall not be delayed for

                   purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T