Samir Alam @ Md. Wasiullah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75961 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- SATHI District- West Champaran ====================================================== 1.
Samir Alam @ Md. Wasiullah S/O Najamullah Shah R/O Village- Dhobani, Police station- Sathi, District- West Champaran 2.
Najamullah Shah S/O Abdul Bari Shah R/O Village- Dhobani, Police station- Sathi, District- West Champaran 3.
Yenamullah Shah @ Amanullah Shah S/O Abdul Bari Shah R/O VillageDhobani, Police station- Sathi, District- West Champaran 4.
Nasim Alam @ Md. Nasim Alam S/O Abdul Bari Shah R/O VillageDhobani, Police station- Sathi, District- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(3) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, his agnates including the petitioners came on 22.06.2025 at 10 A.M. and
Patna High Court CR. MISC. No.75961 of 2025(2) dt.18-12-2025 2/3 petitioner no.1 assaulted him by Khanti, causing injury on head, while Najmullah assaulted by farsha causing injury on head, thereafter Yenamullah assaulted Noor Mohammad by rod causing injury on head, while Murshid with lathi assaulted his mother causing fracture of right hand and Nasim assaulted Israil by rod causing injury on head and Ladli took Rs.40,000/- from pocket of the informant.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant and petitioners are agnates and are having dispute relating to land. It is also submitted that specific allegation of assault is alleged against petitioner no.4 though against petitioner no.1, 2 and 3 is alleged that they assaulted the informant but then from perusal of the order impugned, it would manifest that the injury suffered by the injured has been opined to be simple in nature except one injury of the informant on the thumb which has been opined to be grievous but then the same is on non-vital part of the body. It is also submitted that from side of the petitioners Sathi P.S. Case No.159/2025 has been instituted against the informant and his side as such the instant
Patna High Court CR. MISC. No.75961 of 2025(2) dt.18-12-2025 3/3 FIR is a counter blast. It is also submitted that from side of the petitioners also people were injured. It is further submitted that even allegation of assault is not alleged to be repeated and petitioners are not criminals and the petitioners will not abscond rather will cooperate in the investigation to prove their innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Sathi P.S. Case No.165/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J) amit/- U T