IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85652 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- BIRAUL District- Darbhanga ====================================================== 1. Md. Niyamat Ali @ Md. Niyamat S/o- Late Ali Musa R/O Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga. 2. Md. Tanvir @ Tanbir Haque Ali @ Tanabirul Hauque S/O- Inamul Haque R/O Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga. 3. Md Musa Ali @ Masihullah S/O-Late Jiyaul Haque R/O Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga. 4. Md. Safi @ Md. Safiul Haque S/O-Md. Inamul Haque R/O Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga. 5. Md. Kaif @Md. Majhar S/O- Md.Sannaullah @ Saukat R/O Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga. 6. Md. Osama @ Md. MJahid @ Mojahir S/O- Md. Sannaullah Soukat R/O Vill.- Akabarpur Benk, P.S.- Biraul, Dist.- Darbhanga. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar For the Opposite Party/s : Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 02-02-2026 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 191(3), 190, 126(2), 115(2), 118(2), 117(2), 109, 352, 351(2) of the B.N.S. 3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the Patna High Court CR. MISC. No.85652 of 2025(2) dt.02-02-2026 2/3 informant alleges that on 05.04.2025 at about 6.00 P.M., he along with others reached the village in a procession when the accused persons including the informant intercepted them and Md. Istiyak threatened with a pistol and gave orders to kill, thereafter Md. Istiyak assaulted Mister by farsa causing injury on nose and when informant tried to save Mister, when Masa Ali and Md. Tanvir caught his hand and dashed him on the ground, thereafter Sahbaz and Meraz by rod assaulted Amirullah and when members of the Muharram Committee came when Md. Safi, Md. Shaukat and Md. Niyamat started pelting stones and Md. Shamshad assaulted Md. Gulab causing internal injury. Further, Md. Imtiyaz and Md. Istiyak assaulted the informant by farsa causing injury on head and thereafter, Md. Istiyak fled firing along with other accused. 4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of assault is alleged against the petitioners. It is also submitted that in a procession which had come to the village, an altercation had taken place in which both sides assaulted each other and from the side of petitioners also Biraul Patna High Court CR. MISC. No.85652 of 2025(2) dt.02-02-2026 3/3 P. S. Case No.238 of 2025 came to be instituted against the informant and his side. It is also submitted that petitioners are not criminals. 5. Learned A.P.P. opposes the anticipatory bail application. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Biraul P. S. Case No.239 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S. 7. The application stands allowed. vikash/- (Satyavrat Verma, J) U T