Ashin Mian @ Ashin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42263 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Ashin Mian @ Ashin Rai S/O Late Subhan Mian @ Subhan Rai R/O Village- Fuliyakhand ward no. 09, Police station- Bairiya, District- West Champaran 2.

Abre Alam S/O Ashin Mian @ Ashin Rai R/O Village- Fuliyakhand ward no. 09, Police station- Bairiya, District- West Champaran 3.

Tausibh Alam @ Tausif Alam S/O Ashin Mian @ Ashin Rai R/O VillageFuliyakhand ward no. 09, Police station- Bairiya, District- West Champaran 4.

Safi Alam S/O Amin Mian @ Amin Ray R/O Village- Fuliyakhand ward no. 09, Police station- Bairiya, District- West Champaran 5.

Nazboon Khatoon W/O Amin Mian @ Amin Ray R/O Village- Fuliyakhand ward no. 09, Police station- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Rajendra Singh Shastri, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-10-2025 Heard Mr. Brij Kishor Mishra, learned Advocate appearing on behalf of the petitioners and Mr. Rajendra Singh Shastri, learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Bairiya P.S. Case No. 120 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 329(3), 76, 109, 118(1), 303(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The allegation against the petitioners is of causing assault to the informant as well as husband of the informant

Patna High Court CR. MISC. No.42263 of 2025(3) dt.15-10-2025 2/3 resulting serious injuries, besides the allegation of snatching the valuables.

4. Learned Advocate appearing on behalf of the petitioners taking this Court through the F.I.R. contended that allegedly the petitioner No. 1 assaulted the husband of the informant with lathi on his right hand, whereas, the petitioner No.2 is alleged to have assaulted the informant's husband by means of iron rod over his head. The petitioner No. 3 has allegedly assaulted the informant by catching hold of her hair. The petitioner No.4 has assaulted by means of farsa to the informant and there is allegation of snatching golden chain against the petitioner no.5. It is further submitted that in fact on account of a free fight, both the parties have sustained injuries and prior to the lodging of the present F.I.R., the petitioner No. 5 has instituted Bairiya P.S. Case No.

119 of 2025 with an allegation that it is the petitioners side, who have sustained serious injuries besides the allegation of snatching the valuables. The persons of both the sides have sustained simple injuries to support the aforesaid contention. The injury report has also been placed on record as Annexure-P/2 series. The petitioner Nos. 1, 3, 4 & 5 are men of fair antecedent, whereas, the petitioner No.

Patna High Court CR. MISC. No.42263 of 2025(3) dt.15-10-2025 3/3 petitioner No. 2 has already been acquitted.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submitted that the petitioners have actively participated in crime and brutely assaulted the informant and her husband.

6. Having considered the submissions advanced and taking note of the factum of the case and counter case coupled with the simple nature of injuries, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-First Class, Bettiah, District-West Champaran in connection with Bairiya P.S. Case No. 120 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Nilmani/- U