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2026 DAILYLAW 39742 (PAT)

Jahiruddin Miyan @ Jahiruddin Ansari v. The State of Bihar

CR. MISC./71636/2025 · 2026-02-11

Harish Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71636 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- Manuapul District- West Champaran ====================================================== 1. Jahiruddin Miyan @ Jahiruddin Ansari S/o- Late Manauwar Miyan Resident of village- Bharpatiya W.No-13, Ps- Manuapul Dist- West Champaran 2. Rizwan Miyan @ Rizwan Ansari S/o- Late Manauwar Miyan Resident of village- Bharpatiya W.No-13, Ps- Manuapul Dist- 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. Ramchandra Sahni, APP For the Informant : Mr. Avinash Raj, Adv. Mr. Sachidanand Rai, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 11-02-2026 Heard the learned Advocate for the petitioners, learned Advocate for the informant and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in connection with Manuapul P.S. Case No. 71 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 3(5), 351(2) and 352 of the BNS, 2023. 3. The allegation against the petitioners is of causing assault by means of farsa and rod over the daughter of the informant, due to which she sustained serious injuries. Besides there is further allegation of causing assault to the informant and others as well as snatching of valuables. Patna High Court CR. MISC. No.71636 of 2025(3) dt.11-02-2026 2/3 4. Learned Advocate for the petitioners submitted that on account of a trifle, both the parties have entered into a free fight, resulting into some unfortunate injuries to the persons of both the sides. There is counter version of the present case being Manuapul P.S. Case No. 72 of 2025 instituted against the informant and others. The entire allegation of causing farsa blow falls to the ground for the simple reason that the doctor has not found any farsa injury on the person of informant’s daughter, is the contention of the learned Advocate for the petitioners. The petitioners though bears criminal antecedent, however, they submits that they will fully co-operate in the proceeding of the Court and would not indulge in such incidence in future. 5. On the other hand, learned Advocate for the State and the informant opposed the pre-arrest bail application and taking this Court through the FIR contended that there is specific accusation against both these petitioners of causing assault by means of farsa and garasa, due to which the informant’s daughter sustained grievous injury, as is evident from the injury report, besides the petitioner no. 1 is carrying three criminal antecedent whereas petitioner no. 2 bears one criminal antecedent. Patna High Court CR. MISC. No.71636 of 2025(3) dt.11-02-2026 3/3 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the assault caused by petitioner no. 2 is found to be grievous in nature and he bears one criminal antecedent, whereas the petitioner no. 1 bears three criminal antecedent and he also actively participated in the crime and assaulted the victim, due to which she sustained injury. This Court is not acceded to the prayer for anticipatory bail of the petitioners. Accordingly, the prayer for bail stands rejected. 7. However, if the petitioners shall surrender before the Court below preferably within a period of four weeks, from today, their prayer for bail shall be considered without being prejudice by the order of this Court. shivank/- (Harish Kumar, J) U T