Patna High Court – Orders
Danish Emam @ Syed Danish Emam vs The State Of Bihar on 2 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38851 of 2025
Arising Out of PS. Case No.-384 Year-2024 Thana- SASARAM NAGAR District- Rohtas
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Danish Emam @ Syed Danish Emam Son of Yusuf Emam @ Syed
Mohammad Yusuf Resident of Village- Bhilai Street Metal Works , Nandani
Road , Power House , Khursipur , Bhailai Durg , Chandigarh At present
Mohalla Chanwar Takiya , PS Sasaram Town , Distt.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2025
Heard Mr.Rajani Kant Singh, learned counsel for the
petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
28.03.2025 in connection with Sasaram Town P.S. Case No.
384 of 2024, F.I.R. dated 26.04.2024 registered for the offence
punishable under Sections 147, 149, 323, 341, 354B, 354A,
379, 385, 427, 448, 504 and 506 of IPC.
3. The case of the prosecution is that the informant is
living with her two daughters in the house of her brother-in-law.
On 26.04.2024, at about 4:00 P.M. nine accused persons,
including the petitioner enter the house of the informant.
breaking the door of the house. They started abusing and on
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objection being made by the informant, Danish pushed the
daughter of the informant and torn her clothes. They were
attempting to take her away. It is further alleged that Lali Imam
enter her house with the country made pistol and threatened her
of dire consequences, took away the jewelleries worth
Rs.4,00,000/- (four lacs). When Jalaludin Ansari aged about 74
years came to rescue all the accused persons assaulted him.
4. Learned counsel appearing for the petitioner
submits that the petitioner is in custody since 28.03.2025 and
due to admitted land dispute, the present occurrence had taken
place. There is case and counter case. There is one Title Suit is
pending between the parties. Although the petitioner is named in
the FIR but from a bare perusal of the FIR it appears that the
allegation against the petitioner is that he has misbehaved with
the daughter of the informant and apart from that, there is no
specific allegation against the petitioner rather there is general
and omnibus allegation against all the accused persons including
the petitioner and similarly situated co-accused persons, namely,
Mujafar Imam @ Saiyad Muhammad Mufafar @ Saiyad
Muhammad Mujafar Imam and Bali Imam have been granted
privilege of anticipatory bail by this Court vide order dated
21.05.2025 passed in Cr. Misc. No.33462 of 2025 and co-
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accused person, namely, Saiyad Haider Imam @ Haider Imam
@ Guddu has been granted regular bail by a Coordinate Bench
of this Hon’ble Court vide order dated 21.05.2025 passed in Cr.
Misc. No.31304 of 2025 and the petitioner is in custody since
28.03.2025 and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 28.03.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that there is direct and
specific allegation against the petitioner in the FIR and apart
from that, the petitioner carries one more case other than the
present one but fairly submits that the petitioner is on bail in the
said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, similarly situated
co-accused persons have been granted anticipatory bail or
regular bail by this Court or by a Coordinate Bench of this
Hon’ble Court, there is case and counter case and one title suit
is pending between the parties, 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 learned Chief Judicial Magistrate, Rohtas at
Sasaram in connection with Sasaram Town P.S. Case No. 384
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of 2024, with 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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T