Patna High Court
CR. MISC./57631/2026 of Md. Ayub Khan @ Md. Ayub Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57631 of 2026 Arising Out of PS. Case No.-89 Year-2026 Thana- TARAPUR District- Munger ====================================================== 1. Md. Ayub Khan @ Md. Ayub S/o Md. Khan Resident Of Gajipur Bichla Mohalla Tarapur, P.s.- Tarapur,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57631 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- TARAPUR District- Munger
======================================================
1.
Md. Ayub Khan @ Md. Ayub S/o Md. Khan Resident Of Gajipur Bichla Mohalla Tarapur, P.s.- Tarapur, Dist- Munger
2.
Md. Abusale @ Md. Abusaleh S/o Md. Ayub Khan Resident Of Gajipur Bichla Mohalla Tarapur, P.s.- Tarapur, Dist- Munger
3.
Md. Jawed @ Jawed Khan S/o Jainul Khan Resident Of Gajipur Bichla Mohalla Tarapur, P.s.- Tarapur, Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Ms. Indu Bhushan, Advocate
For the State
:
Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 352, 351(2), 109, 303(2), 308(3), 3(5) of the BNS.
3. As per the prosecution case, all the FIR named accused persons including these petitioners are said to have assaulted the cousin brothers of the informant by means of iron rods and khanti. It is further alleged that the accused also looted cash and jewelry and also threatened them.
Patna High Court CR. MISC. No.57631 of 2026(2) dt.19-08-2026
4. Learned counsel for the petitioners submits that as many as eight persons, including these petitioners have been made accused in the present case. It is further submitted that so far as petitioner no. 1 is concerned, he is said to be an order giver and thereafter, there are general and omnibus allegations against all the accused persons. The specific allegation has been made against one, Arshad Khan of having assaulted Md. Shahzad by means of iron khanti on his head. As against the petitioner no. 3, there is no specific allegation at all whereas petitioner no. 2 is said to have assaulted on the hand of Md. Shahzad. Annexure-3 is the injury report of Md. Shahzad, which indicates the injuries in the nature of abrasion and body pain and all the injuries have been found to be simple in nature caused by hard and blunt substance. It is further submitted that as a matter of fact, an FIR bearing Tarapur P.S. Case No. 88 of 2026 was lodged by one of the co-accused and only as a counter-blast, the present FIR bearing Tarapur P.S. Case No. 89 of 2026 was lodged.
5. Learned APP for the State has opposed the application for anticipatory bail on the ground that petitioner nos. 2 and 3 have criminal antecedents.
6. Taking into consideration the facts and Patna High Court CR. MISC. No.57631 of 2026(2) dt.19-08-2026
circumstances and also considering that there is case and counter case between the parties and the injuries are simple in nature, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tarapur P.S. Case No. 89 of 2026, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., with further conditions that: (I) One of the bailors will be a family member/close relative. (II) The petitioners shall co-operate in the investigation/trial.
priyanka/- (Soni Shrivastava, J) U T