IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33626 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- INARWA District- West Champaran ====================================================== Esteyak Alam S/O M.B. Miyan @ Emavi Miya R/O Vill.- Inarwa, Ward no. 6, P.s.- Inarwa, Dist.- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Rashmi Jha, Advocate For the Informant : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 28-07-2025 Heard Ms. Rashmi Jha, learned counsel for the petitioner, Mr. Ram Sevak Choudhary, learned Additional Public Prosecutor for the State and Mr. Bimlesh Kumar Pandey, learned counsel for the Informant. 2. The petitioner is apprehending his arrest in connection with Inarwa P.S. Case No. 10 of 2025, F.I.R. dated 30.01.2025 for the offences punishable under Sections 126(2), 115(2), 118(2), 76, 303(2), 351(2), 352, 3(5) of the Bhartiya Nyay Sanhita, 2023. 3. As per the First Information Report, the informant alleged that earlier there was dispute regarding drain between him and the petitioner’s side and due to which on 24.01.2025 while he was standing at his door, then petitioner along with Patna High Court CR. MISC. No.33626 of 2025(3) dt.28-07-2025 2/4 other accused persons arrived and assaulted him by means of iron rod, farsa, lathi danda and bhala. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although the informant has received injury but the injury report of the informant suggest that he has received five injuries out of which one injury is grievous in nature and four injuries are simple in nature. From bare perusal of the FIR as well as injury report of the informant it suggest injury no.1 is attributed by co-accused, Noor Alam and not against this petitioner. 5. The learned Additional Public Prosecutor and learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner on the ground that there is specific allegation against the petitioner that he assaulted to the one Asahab Alam on his face. The injury of Asahab alam is quoted hereinbelow:- C-T: Scan Facture is notel involving right zygomaticazch and zyomaticbone with involvement of posterior wall of right ozbit and maxillazy sinus fracture with huemosinus formation date 26/01/2025 ID no 2501160086. According to Above mention findings injuries number 1 GRIEVOUS in nature and injury Patna High Court CR. MISC. No.33626 of 2025(3) dt.28-07-2025 3/4 no,2,3,4,5 are simple in nature. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 J.M. 1st Class, Bettiah, West Champaran in connection with Inarwa P.S. Case No. 10 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other 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 Patna High Court CR. MISC. No.33626 of 2025(3) dt.28-07-2025 4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T