Sheikh Faiyaz @ Faiyaz Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41700 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- RAMNAGAR District- West Champaran ====================================================== 1.
Sheikh Faiyaz @ Faiyaz Ahmad S/O Zahir Ahmad R/O Village- Mill Bahuari, New Market Ramnagar, P.S.- Ramnagar, Dist.- West Champaran 2.
Kausar Jahan W/O Sheikh Faiyaz Ahmad @ Faiyaz R/O Village- Mill Bahuari, New Market Ramnagar, P.S.- Ramnagar, Dist.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prerna Anand, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing on behalf of the informant.
2. The petitioners are apprehending their arrest in connection with Ramnagar P.S. Case No. 212 of 2025 for the offence under Sections 126(2), 115(2), 118(2), 109(1), 351(2), 352 and 3(5) of the BNS lodged on 09.04.2025 by the informant, Nyaz Qureshi.
3. As per the prosecution story, on 01.04.2025, Sheikh Sahil took the informant to Bhagat Singh Chowk where these petitioners were present and in their presence, Karan Kumar caught hold of him while Sheikh Sahil assaulted by the knife
Patna High Court CR. MISC. No.41700 of 2025(2) dt.09-07-2025 2/3 causing injury on back and belly. Thereafter, he was shifted to primary health centre, Ramnagar and then to Government Medical College and Hospital, Bettiah, which followed the F.I.R.
4. Learned counsel for the petitioners submits that allegation mainly is against Sheikh Sahil of assaulting the informant, these two petitioners are parents, only to implicate, their presence have been recorded in the F.I.R.
5. Learned counsel representing the informant on the other hand submits that both the petitioners were present at the place of occurrence when the assault took place by their son.
6. Considering the submissions as also that nothing has been attributed against them save and except their presence, the main allegation is against Sheikh Sahil that he gave the knife blow, both the petitioners have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned S.D.J.M., Bagaha, West Champaran in
Patna High Court CR. MISC. No.41700 of 2025(2) dt.09-07-2025 3/3 connection with Ramnagar P.S. Case No. 212 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ankit Kumar/- U T