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2025 DAILYLAW 68832 (PAT)

Sadik Miyan v. The State of Bihar

CR. MISC./57020/2025 · 2025-08-27

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57020 of 2025 Arising Out of PS. Case No.-188 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== 1. Sadik Miyan S/O Bhikhari Miyan R/O Ramnagar Bankat Sheikh Toli, Police Station- Majhauliya, District- West Champaran 2. Ishu Aalaam @ Isuf Aalam S/O Nasruddin Miyan R/O Ramnagar Bankat Sheikh Toli, Police Station- Majhauliya, District- West Champaran 3. Alijan Miyan @ Ajan Miyan @ Aljan Miyan S/O Gulab Miyan R/O Ramnagar Bankat Sheikh Toli, Police Station- Majhauliya, District- West Champaran 4. Mukhtar Miyan @ Mokhtar Miyan S/O Gulab Miyan R/O Ramnagar Bankat Sheikh Toli, Police Station- Majhauliya, District- West Champaran 5. Begam Khatun W/O Nasruddin Miyan R/O Ramnagar Bankat Sheikh Toli, Police Station- Majhauliya, District- West Champaran 6. Madin Miyan @ Madin Hwari @ Modin Miyan S/O Bhikhari Miyan R/O Ramnagar Bankat Sheikh Toli, Police Station- Majhauliya, District- West Champaran ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 27-08-2025 Heard Mr. Sarvesh Kashyap, learned counsel for the petitioners and the State. 2. The petitioners are apprehending arrest in connection with Majhauliya P.S. Case No. 188 of 2025 instituted under Sections 329(3), 329(4), 126(2), 115(2), 109(1), 352, 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged Patna High Court CR. MISC. No.57020 of 2025(2) dt.27-08-2025 2/3 on 30.03.2025 by the informant, Sagira Khatoon. 3. As per the prosecution story, the informant alleged that under conspiracy, entered the house of the informant and attacked with rod/wooden sticks causing injuries to them. As Ashraf Alam and Khushroo Alam came to rescue, allegation is that they again ruthlessly assaulted with iron rod. The lady was brought to C.H.C., Manjhauliya and then referred to G.M.C.H., Bettiah which followed the FIR. 4. Learned counsel for the petitioners tried to impress upon this Court to their innocence, learned State counsel, Mr. Bharat Bhushan has taken this Court to the observation of learned Sessins Judge to show that the injuries have been found on the occipital region (head) as also the parietal region/head beside the side of face and mid parietal head to the injureds. 5. Though the injury report is not on record, the kind of allegation/assault has come in the observation of learned Sessions Judge, it would be appropriate that they seek bail. 6. The anticipatory bail application stands rejected. 7. However, if the contention of the petitioners that Patna High Court CR. MISC. No.57020 of 2025(2) dt.27-08-2025 3/3 the injury report may come simple, they would be at liberty to file petition alongwith the report while putting up surrender petition and the Court concerned shall see to it that the same is taken up and dispose of on the same day. Ravi/- (Rajiv Roy, J) U T