Sk. Mahfuj @ Mahfuj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81426 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Sk. Mahfuj @ Mahfuj Alam S/O Samse Alam Resident of village - Adhkapriya, (Adhkapria), Tola Murgiya, P.S.- Ramgharwa, District- East Champaran 2.

Sk. Inyatullah @ Shekh Jumman @ Md. Enyaytullah S/O Late Shekh Imam Resident of village - Adhkapriya, (Adhkapria), Tola Murgiya, P.S.- Ramgharwa, District- East Champaran 3.

Javed Alam @ Shekh Javed S/O Late Anishur Rahman Resident of village - Adhkapriya, (Adhkapria), Tola Murgiya, P.S.- Ramgharwa, District- East Champaran 4.

Sk. Imteyaj @ Imteyaz Alam S/O Late Anishur Rahman Resident of village - Adhkapriya, (Adhkapria), Tola Murgiya, P.S.- Ramgharwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-03-2026 Heard the learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend arrest in connection with Ramgarhwa P.S. Case No. 202 of 2025 registered for offences under Sections 191(2), 191(3), 126(2), 115(2), 118(1), 109, 74, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioners are said to have assaulted the victims for land dispute.

Patna High Court CR. MISC. No.81426 of 2025(4) dt.11-03-2026 2/3

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have not committed any offence. He further submits that there is case and counter also which has been filed earlier and the present FIR has been lodged after a delay of five days from the date of the alleged occurrence. He further submits that there is no specific allegation of assault against the petitioner; rather, there is general and omnibus allegations against them.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. I have considered the submissions of the parties and have gone through the records of the case. Though one of the injuries sustained by the victim is grievous in nature but from the reading of the FIR, it doesn't appear to be a case of Section 109 of the BNS.

7. In view of the aforesaid, this application is allowed.

8. Accordingly, let the petitioners, above-named, in the event of their arrest or surrender within four weeks from today in the Court below, be released on 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 the learned Court below where the case is pending/successor court in

Patna High Court CR. MISC. No.81426 of 2025(4) dt.11-03-2026 3/3 connection with Ramgarhwa P.S. Case No. 202 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Sandeep Kumar, J) Shishir/- U T