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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63112 of 2025 Arising Out of PS. Case No.-191 Year-2025 Thana- MAJHAULIA District- West Champaran ======================================================
1. Mumtaz Ansari @ Mumtaz Alam S/O Sahmad Miyan @ Sahmad Hussain Resident of village- Semra Vrit, P.S- Majhaulia, Distt.- West Champaran. 2. Akhtar Ansari @ Akhtar Alam S/O Sahmad Miyan @ Sahmad Hussain Resident of village- Semra Vrit, P.S- Majhaulia, Distt.- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sharad Kumar Verma, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 10-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend arrest in connection with Majhaulia P.S. Case No. 191 of 2025 dated 01.04.2025, registered for the offence punishable under Sections 329(3), 126(2), 127(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that on the alleged date of occurrence, at about 02:00 P.M., on account of previous enmity, the petitioners along with other co-accused started abusing and assaulting the informant by means of farsa and iron rod due to which informant sustained head injury. Mumtaz
Patna High Court CR. MISC. No.63112 of 2025(2) dt.10-09-2025 2/3 Ansari (petitioner no. 1) is said to have assaulted by means of farsa on the head of the informant and Akhtar Ansari (petitioner no. 2) is said to have assaulted by means of iron rod to the brother of the informant. It is further stated that other co- accused persons took away gold chain from neck of the informant and Rs. 5000/- cash from the pocket of the informant and set fire to a sack soaked in kerosene oil and threw it in his house. 4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that Mumtaz Ansari (petitioner no. 1) assaulted by means of farsa on the head of the informant and Akhtar Ansari (petitioner no. 2) assaulted by means of iron rod to the brother of the informant. It is further submitted that the allegation against petitioner no.
1 is falsified from the injury report of the informant, namely, Parvez Alam because the nature of injury mentioned in the injury report is simple and caused by hard and blunt substance. It is also submitted that the allegation of assault against petitioner no. 2 is said to be simple in nature. Further, it is submitted that there is case and counter case between the parties and counter case bearing Majhauliya P.S. Case No. 199 of 2025 has been lodged by the petitioners side in
Patna High Court CR. MISC. No.63112 of 2025(2) dt.10-09-2025 3/3 which the petitioners and their mother received serious injuries caused by sharp cut weapon. Lastly, it has been submitted that they have no criminal antecedents. 5. Learned A.P.P. has opposed the prayer for bail of the petitioners. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Majhaulia P.S. Case No. 191 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah, subject to condition as laid down under Section 482(2) of B.N.S.S.. prabhat/- (Khatim Reza, J) U T