Imranul Haque @ Emranul Hak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54043 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- GAUNAHA District- West Champaran ====================================================== Imranul Haque @ Emranul Hak S/O Late Maniul Haque @ Mainul Hak Resident of Village- Madhopur, P.S- Gaunaha, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shashank Chandra, Advocate Mr. Nitish Kumar, Advocate Mr. Ashutosh Kumar, Advocate For the State :
Ms. Sharda Kumari, APP For the Informant :
Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1) and 103(1) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case but then the said case was also instituted by one of the sons of the informant. It is next submitted that informant alleges that she along with some of her family members had gone to the field when accused persons came and Adnan Haque, Ayan Haque, Aman Kamal, Adnan
2/4 Kamal and Dollar Khan stabbed her son causing injury on his abdomen. Further, petitioner Shabnam Khatoon and Kayamuddin Kamal assaulted her brother Wasim Akhtar by lathi and knife causing injury on head. Thereafter, Nazir Ahmad, Firoz Khan and Iqbal stabbed Wasim Shah in his abdomen and also cut his two fingers. Thereafter, accused fled and injured were taken to hospital but the son of the informant died on the way.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case on account of dispute relating to land. It is further submitted that on account of such dispute, earlier the petitioner came to be implicated by one of the sons of the informant which is his criminal antecedent. It is also submitted that from perusal of the allegations, as alleged in the FIR, it would manifest that specific allegation of assaulting the son of the informant leading to his death is against Adnan Haque, Ayan Haque, Aman Kamal, Adnan Kamal and Dollar Khan. It is further submitted that petitioner along with Shabnam Khatoon and Kayamuddin Kamal are alleged to have assaulted the brother of the informant by Lathi and knife causing injury on head. It is also submitted that the allegation of assault by Lathi
3/4 and knife is general and omnibus in nature. It is next submitted that Kayamuddin Kamal had approached this Court seeking regular bail by filing Criminal Miscellaneous No.80301 of 2025 and the same came to be allowed by an order dated 01.12.2025, passed by a learned Coordinate Bench. It is thus submitted that case of the petitioner, if not akin, is similar to the case of Kayamuddin Kamal. It is further submitted that even presuming what has been alleged is true without admitting then the injury suffered by Wasim Akhtar, i.e., brother of the informant has been opined to be simple in nature. It is next submitted that petitioner is in custody since 14.05.2025, chargesheet has been submitted, as such, no useful purpose would be served by keeping the petitioner in jail.
5. The learned APP and the learned counsel appearing on behalf of the informant oppose but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that petitioner is not the assailant of the deceased and allegation of assault assaulting Wasim Akhtar is general and omnibus in nature and Kayamuddin Kamal has been granted the privilege of regular bail by a learned Coordinate Bench by an order dated 01.12.2025 in Criminal Miscellaneous No.80301 of 2025.
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6. Considering the submissions made by learned counsel for the petitioner, let petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, West Champaran in connection with Gaunaha P.S. Case No.67 of 2025. (Satyavrat Verma, J) Sanjay/- U T