Foolshrif Miyan @ Ful Sharif Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13179 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- INARWA District- West Champaran ====================================================== Foolshrif Miyan @ Ful Sharif Miyan Son Of Late Gafur Main @ Late Gafur Miya R/O-Village - Sakraul Police Station -Inarwa District -West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the State :

Mr. Umeshanand Pandit, APP For the Informant :

Mr. Gujan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Inarwa P.S. Case No. 111 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(1), 303(2), 109, 352, 117(2) & 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that on 19-10-2024, informant and his family were brutally assaulted near their homestead land by the accused, who were armed with weapons. The dispute arose over a land issue, and the informant was deceived into mediation, before being attacked with rods, spears, and knives, causing severe injuries. During the assault, Rs. 2,000/- and gold ear tops were also snatched from his

Patna High Court CR. MISC. No.13179 of 2025(2) dt.06-03-2025 2/3 family.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-10-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it is evident that both the parties are the co-villagers and neighbours and there is a land dispute between the parties. It is alleged that petitioner has assaulted the wife of informant by means of knife, but the injury is found to be simple in nature. The petitioner is old aged person having more than 65 years of age and it is not believable at all that he had blown a knife to someone who is young and much stronger than the petitioner. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, injury being found to be simple in nature and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.13179 of 2025(2) dt.06-03-2025 3/3 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Inarwa P.S. Case No. 111 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T