Patna High Court

CR. MISC./56026/2026 of Javed @ Jawed Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56026 of 2026 Arising Out of PS. Case No.-774 Year-2026 Thana- PHULWARISHARIF District- Patna ====================================================== 1. Javed @ Jawed Son of Kayamuddin @ Quimuddin @ Kayumuddin @ Md. Keyamuddin Ahmad Resident

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56026 of 2026

Arising Out of PS. Case No.-774 Year-2026 Thana- PHULWARISHARIF District- Patna

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

1.

Javed @ Jawed Son of Kayamuddin @ Quimuddin @ Kayumuddin @ Md.

Keyamuddin Ahmad Resident of Mohalla- Isopur, Gabrapar, P.S.- Phulwari Sharif, District- Patna

2.

Kayamuddin @ Quimuddin @ Md. Keyamuddin @ Md. Kayumuddin Ahmad Son of Late Samsuddin Resident of Mohalla- Isopur, Gabrapar, P.S.- Phulwari Sharif, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

Appearance :

For the Petitioner/s

:

Mr. Md. Anwar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP

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

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners apprehend arrest in connection with Phulwari Sharif P.S. Case No. 774 of 2026 lodged on 04.05.2026, for the offence punishable under Sections 126(2), 115(2), 109, 351(2), 351(3) & 3(5) of the BNS, 2023.

3. As per the prosecution, FIR has been lodged against two named accused persons (the present petitioners) with allegation that they have assaulted the informant and his son and Patna High Court CR. MISC. No.56026 of 2026(2) dt.19-08-2026

threatened to kill over a dispute of encroachment on the adjoining pathway (rasta). It is further alleged that similar incident had also occurred earlier four to five times.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that from the contents of the FIR, it become crystal clear that due to dispute of encroachment on the adjoining pathway (rasta), scuffling took place between the parties. Counsel submits that for the same date and place of occurrence, there is case and counter case filed from both the sides. He further submits that the petitioners have clean antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioners but fairly submits that both parties are neighbours and due to petty dispute over encroachment on the adjoining pathway (rasta), present case has been lodged.

6. As such, in the present facts and circumstances of the case, let the above-named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Additional Chief Judicial Magistrate, Patna in connection with Patna High Court CR. MISC. No.56026 of 2026(2) dt.19-08-2026

Phulwari Sharif P.S. Case No. 774 of 2026, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

Divyansh/- (Dr. Anshuman, J) U T

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