Md. Faiyaz Sah @ Faiyaz Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71141 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- SATHI District- West Champaran ====================================================== 1.

Md. Faiyaz Sah @ Faiyaz Shah S/O Nathuni Shah Resident of Vill.- Dhobani, P.S.- Sathi, Dist- West Champaran 2.

Rafi Ahmad @ Rafi Ahmad Shah S/O Jaan Mohammad @ Jan Mohammad Shah Resident of Vill.- Dhobani, P.S.- Sathi, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

Learned counsel for the petitioners, after arguing vehemently for some time realising his difficulty, seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 1, Md. Faiyaz Sah @ Faiyaz Shah. 3.

Permission is accorded.

4.

Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner No. 1, Md. Faiyaz Sah @ Faiyaz Shah.

5.

The petitioner No. 2 apprehends his arrest in a case registered for the offences punishable under Sections 126(2),

Patna High Court CR. MISC. No.71141 of 2025(2) dt.14-10-2025 2/3 115(2), 118(1), 117(2), 109(1), 190, 191, 351(2), 352 of the Bharatiya Nyaya Sanhita.

6.

Learned counsel for the petitioner next submits that petitioner No. 2 is a person with clean antecedent and the informant alleges that when he reached in the Panchayati, when Noor Mohammad Shah gave orders to kill, on which Faiyaz assaulted by sword twice causing injury on his head, thereafter Rafi along with others assaulted by rod causing fracture of right hand, thereafter Ali Ahmad tried to shoot him, but when villagers gathered, the accused fled.

7.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that though it is alleged that petitioner assaulted, but then it is alleged that petitioner along with others assaulted by rod causing injury on hand, as such allegation of assault is not specific and the assault is not alleged to have been made on vital part of the body, though swelling injury on thumb has been opined to be grievous, but then the same is not vital part of the body.

8.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

9.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.71141 of 2025(2) dt.14-10-2025 3/3 counsel for the petitioner, the petitioner No. 2, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sathi P.S. Case No. 159 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T