Mukhtar Mian @ Mukhtar Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8127 of 2026 Arising Out of PS. Case No.-646 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== 1.
Mukhtar Mian @ Mukhtar Miyan S/o- Late Sadik Mian R/v- Haraha Narkatiaganj Ward No. 21 P.S- Shikarpur District- West Champaran 2.
Satar Mian S/o- Mukhtar Mian R/v- Haraha Narkatiaganj Ward No. 21 P.SShikarpur District- West Champaran 3.
Arun Mian S/o- Kurban Mian R/v- Haraha Narkatiaganj Ward No. 21 P.SShikarpur District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Renuka Ratnakar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehends their arrest in connection with Shikarpur P.S. Case No.646 of 2025 registered for the offence under Sections 126(2), 115(2), 118(1), 110, 303(2), 352, 351(2), 3(5) of BNS.
3. The Prosecution is in brief is that on 17.06.2025 at 12:30 o'clock regarding a previous dispute, informant's neighbour Mukhtar Mian, 2. Satar Mian, 3. Rojit Mian, 4. Amrun Mian and 5. Yenura Khatoon altogether came at the door of informant and started abusing him. When informant opposed such act, accused Mukhtar Mian grabbed him from behind then
Patna High Court CR. MISC. No.8127 of 2026(2) dt.17-02-2026 2/3 accused Rojit Mian assaulted with Farsa on informant's head with intention to kill him due to which he received head injury and blood started oozing out and he fell on the ground. After that accused Satar Mian assaulted informant with iron rod on his left leg repeatedly and injured him and accused Arun Mian also assaulted informant with Lathi on his left shoulder due to which his shoulder got fractured and he got badly injured. After that accused Yenura Khatoon took informant's golden chain worth Rs. 60,000/- from his neck and all accused persons threatened informant to kill all his family members if he lodges a case against them. On noise, villagers came and saved informant and brought him to Sub-Divisional Hospital, Narkatiaganj for treatment. Accordingly, the FIR.
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. Further submits that that there is no allegation against Mukhtar Mian and the allegation against petitioner no.2, Satar Mian and petitioner no.3, Arun Mian is of having assaulted on non vital parts of the body, which has not resulted in any grievous injury.
5. The learned APP opposes the anticipatory bail
Patna High Court CR. MISC. No.8127 of 2026(2) dt.17-02-2026 3/3 application.
6. Considering the fact that there is no allegation against Mukhtar Mian (petitioner no.1) and also that the allegation against petitioner no.2, Satar Mian and petitioner no.3, Arun Mian is of having assaulted on non vital parts of the body, which has not resulted in any grievous injury, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection with Shikarpur P.S. Case No.646 of 2025 subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J) Prakash Narayan U T