IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75245 of 2025 Arising Out of PS. Case No.-523 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Sohail Alam @ Sohail Ahmad Son of Wahab Miyan Village- Parsa Dumariya PS- Majhauliya Distt -West Champran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 75555 of 2025 Arising Out of PS. Case No.-523 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Monaf Mian @ Md. Monaf S/o Karim Mian @ Md. Karim Mian @ Kasim Miyan R/o Village - Parsa Dumariya, P.S - Majhauliya, District - West Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 75245 of 2025) For the Petitioner/s : Mr.Jitendra Narain Sinha, Adv. Ms. Khushi Awadh, Adv. For the State : Md. Aslam Ansari, A.P.P. For the Informant : Mr. Akhileshwar Kumar Shrivastava, Adv. Mr. Amrit Kirti, Adv. (In CRIMINAL MISCELLANEOUS No. 75555 of 2025) For the Petitioner/s : Mr.Jitendra Narain Sinha, Adv. Ms. Khushi Awadh, Adv. For the State : Md. Aslam Ansari, A.P.P. For the Informant : Mr. Akhileshwar Kumar Shrivastava, Adv. Mr. Amrit Kirti, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-11-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Majhauliya P.S. Case No. 523 of 2025, Patna High Court CR. MISC. No.75245 of 2025(2) dt.24-11-2025 2/4 registered for the offences under Sections 191(2), 192, 190, 299, 126(2), 115(2), 109(1), 352 of the BNS. 3. As per the prosecution case, petitioners and other co-accused persons armed with bhala, garasa, bandook, farsa, dagger, knife and bricks assaulted the informant and a number of other persons causing injuries to them. The occurrence took place in the background of informant bringing musical instruments for playing on the next day while taking out procession of Mahavir Jayanti. 4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to political rivalry. Every time elections come, the informant files such type of case against the people of one particular community. Even in 2021, the same informant lodged Majhauliya P.S. Case No. 270 of 2021 with similar type of allegation against the people of particular community. The falsity of the case is also apparent from the fact that the informant has named altogether 30 persons with their full name and parentage which is highly improbable and suggests that the FIR has been manufactured after thought and deliberation. The petitioner Sohail Alam @ Sohail Ahmad is in custody since 07.08.2025 and petitioner Monaf Mian @ Md. Patna High Court CR. MISC. No.75245 of 2025(2) dt.24-11-2025 3/4 Monaf is in custody since 08.09.2025. The petitioner Sohail Alam @ Sohail Ahmad has no criminal antecedent whereas petitioner Monaf Mian @ Md. Monaf has antecedent of one case in which he is on bail. Charge sheet has been submitted against Sohail Alam @ Sohail Ahmad. 5. Learned A.P.P. appearing for the State as well as learned counsel for the informant oppose the submission made on behalf of the petitioners. Learned counsel for the informant submits that the petitioners and other co-accused persons assaulted the informant and others on religious ground and altogether 13 persons received injuries. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of allegation and period of custody of the petitioners, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran, Bettiah/concerned court, in connection with Majhauliya P.S. Case No. 523 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close Patna High Court CR. MISC. No.75245 of 2025(2) dt.24-11-2025 4/4 relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. anuradha/- (Arun Kumar Jha, J) U T