IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35924 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- INDUSTRIAL District- Bhagalpur ====================================================== 1. Md. Shaheen @ Md. Shaheen Wassay Son of Md. wassay @ Lukhy Marhum Resident Of Village -Suffi Tola Fatehpur P S- Zeromile District -Bhagalpur 2. Md. Bobby @ Md. Manawwar Wassay @ @ Md. Monawwar Wassay son of Md. Wassay @ @ Lukhy Marhum Resident Of Village - Fatehpur, Suffi Tola Fatehpur , Po- Fatehpur, P S- Zeromile District -Bhagalpur 3. Md. Jishan Son of Md. Shaheen Wassay Resident Of Village - Fatehpur, Suffi Tola Fatehpur , Po- Fatehpur, P S- Zeromile District -Bhagalpur ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Nath Dubey, Adv. For the Informant Dr. Manoj Kumar, Adv. For the State : Mr. Nand Kishore Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 18-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Industrial P.S. Case No. 225 of 2024 registered for the offence punishable under Sections 191(2), 191(3), 126(2), 115(2), 109, 308(2), 74, 352, 351(2), 351(3) of B.N.S., 2023. 3. As per prosecution case, petitioners and other having armed with iron rod, khanti and lathi came at the shop of informant and abused the informant and his brothers. It is Patna High Court CR. MISC. No.35924 of 2025(2) dt.18-06-2025 2/4 alleged that co-accused Md. Shadab and petitioner no. 1 assaulted the informant's father by means of lathi who sustained injury on his leg. It is alleged that petitioner no. 2 with intention to kill assaulted the informant's brother by means of iron rod due to which he sustained injury on head and fell down and became unconscious. 4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioner no. 1 and 2 have clean antecedent and petitioner no. 3 bears criminal antecedent of one case in which he is on bail, as orally submitted. He further submits that as per prosecution case, there is no specific allegation against petitioner no. 3 and he is merely a member of mob and co- accused Md. Shadab and petitioner no. 1 assaulted the informant's father by means of lathi and hence, there is no specific allegation of assault against petitioner no. 1 also. So far as petitioner no. 2 is concerned, he is said to have assaulted the informant's brother by means of iron rod due to which he sustained injury on head. 5. Learned counsel for the informant and learned A.P.P. for the State submitted that there is specific allegation Patna High Court CR. MISC. No.35924 of 2025(2) dt.18-06-2025 3/4 against petitioner no. 2 who is said to have assaulted the informant's brother, namely, Md. Gulam Hamza by means of iron rod who sustained grievous injury on the left fronto parietal bone and the same is supported by the injury report (Annexure-4 to the bail petition) and hence, petitioner no. 2 does not deserve anticipatory bail. 6. Considering the facts and circumstances of the case, there is no specific allegation against petitioner no. 1 and 3, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner no. 1 and 3, above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 learned Judicial Magistrate, First Class, Bhagalpur in connection with Industrial Area P.S. Case No. 225 of 2024, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. So far as petitioner no. 2, namely, Md. Bobby @ Md. Manawwar Wassay @ Md. Monawwar Wassay is concerned, there is specific allegation of assault against him and the same is supported by the injury report of injured Md. Patna High Court CR. MISC. No.35924 of 2025(2) dt.18-06-2025 4/4 Gulam Hamza (Annexure-4 to the bail petition), I am not inclined to grant privilege of anticipatory bail to petitioner no. 2. Accordingly, the prayer for anticipatory bail of petitioner no. 2, is hereby, rejected. 8. However, if petitioner no. 2 surrenders before the concerned court within six weeks from the date of receipt of the order and seeks regular bail, the concerned court may pass an appropriate order on the day of hearing without being prejudiced by the order of this Court. shahzad/- (Alok Kumar Pandey, J) U T