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Patna High CourtCR. MISC./72967/2025bail rejected

Md. Musarraf Jafar @ Musarraf Jafar v. The State Of Bihar

2025-11-12Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72967 of 2025 Arising Out of PS. Case No.-233 Year-2025 Thana- MAHNAR District- Vaishali ====================================================== 1.

Md. Musarraf Jafar @ Musarraf Jafar S/o Md. Jafar R/o Village - Bajidpur Chak Usman, P.S - Basudevpur Chandel, P.S -Mahnar, District - Vaishali 2.

Md. Jafar S/o Late Md. Usman R/o Village - Bajidpur Chak Usman, P.S - Basudevpur Chandel, P.S -Mahnar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandrakant Mr.Sudhanshu Prakash Mr.Vaibhav Kumar Jha Mr. Navin Kumar Ms. Karnika For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-11-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in Mahnar P. S. Case No.233 of 2025 registered for the offences punishable under Sections 115(2), 118(1), 109, 126(2), 76, 351(3) and 3(5) of the B.N.S.

3. The learned counsel for the petitioners submits that the petitioners have antecedent of one case. It is next submitted that the said case also was instituted from the side of the informant. It is next submitted that informant alleges that on account of dispute relating to land, the accused persons came on 13.06.2025 and Musarraf Jafar and Md. Jafar assaulted by knife

Patna High Court CR. MISC. No.72967 of 2025(2) dt.12-11-2025 2/3 causing injury near his eye and also assaulted by danda causing injury on head and Musarraf also assaulted his mother in-law by danda injuring her.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is next submitted that though it is alleged that Musarraf Jafar and Md. Jafar assaulted by knife causing injury near eye, but then, from perusal of the injury report annexed as Annexure-2, it would manifest that the same records that the injury was caused by hard and blunt substance, when knife is a sharp edged weapon, as such, it appears that in order to give seriousness to the case, a false allegation was alleged. It is next submitted that the injury report also does not record that any injury was caused near the eyes of the informant.

5. Learned A.P.P. vehemently opposes the anticipatory bail application and submits that no doubt, the injury report records that injury was caused by hard and blunt substance, but then, from perusal of the same, it would manifest that the injury report records linear undisplaced fracture of nasal bone of left side and injury has been opined to be grievous. It is next submitted that nose is near to the eyes and the allegation in the

Patna High Court CR. MISC. No.72967 of 2025(2) dt.12-11-2025 3/3 FIR also is that the petitioners assaulted by knife causing injury near the eye. It is also submitted that investigation in the case is continuing and if privilege of anticipatory bail is granted, the petitioners may abscond or try to tamper with the evidence.

6. Considering the submissions made by the learned A.P.P. and taking into consideration the fact that the injury suffered by the injured is opined to be grievous and is on vital part of the body, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.

7. The prayer of the petitioners for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T