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Patna High CourtCR. MISC./67787/2025bail rejected

Munna @ Asifur Rahman v. The State Of Bihar

2025-10-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67787 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Kalibagh District- West Champaran ====================================================== Munna @ Asifur Rahman S/O Khurshid Miyan @ Khurshid Alam R/O Kalibagh, Ward No. 13, P.S- Kalibagh, Bettiah, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Gaurav Prakash, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(2), 109, 303(2), 324(4) and 3(5) of B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 01.04.2025 at about 07:00 p.m., he was at Dwardevi Chowk when Munna @ Khurshid Miyan on account of previous dispute started abusing him. On protest, Munna (petitioner) assaulted by knife causing injury on his left shoulder, thereafter four named accused also started assaulting him, hence, he fled to his maternal grandmother's house but the accused followed him and came to his maternal grandmother's

Patna High Court CR. MISC. No.67787 of 2025(2) dt.08-10-2025 2/3 house and also assaulted him by knife on neck and snatched his chain and also vandalized his maternal grandmother's house.

4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in the instant case by the informant. It is next submitted that from perusal of the allegation, it would manifest that the allegation is in two parts. In the first part, it is alleged that it is this petitioner who assaulted the informant by knife on his left shoulder and in the second part, it is alleged that when the informant fled to his maternal grandmother's house, the accused followed and there he was also assaulted by knife but then, there is only one injury. It is further submitted that the date of occurrence is 01.04.2025 and the FIR came to be instituted on 03.04.2025, i.e., after a delay of two days which casts an aspersion on the case of the prosecution.

5. The learned APP vehemently opposes the anticipatory bail application and submits that a misleading submission has been made by learned counsel for the petitioner. It is next submitted that from perusal of the FIR, it would manifest that fardbeyan of the informant was recorded by the ASI on 01.04.2025 itself at the hospital and thereafter the said fardbeyan reached the concerned P.S. on 03.04.2025, as such,

Patna High Court CR. MISC. No.67787 of 2025(2) dt.08-10-2025 3/3 the informant cannot be faulted for that. It is next submitted that specific allegation against this petitioner is of assaulting the informant by knife causing injury on his shoulder and the injury suffered by the informant is sharp cutting injury and investigation of the case is continuing.

6. Considering the submissions made by the learned APP, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected in connection with Kalibagh P.S. Case No.92 of 2025, pending in the court of learned Chief Judicial Magistrate, Bettiah, West Champaran.

(Satyavrat Verma, J) Sanjay/- U T