Naushad Miyan @ Naushad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78392 of 2025 Arising Out of PS. Case No.-178 Year-2025 Thana- CHANPATIA District- West Champaran ====================================================== Naushad Miyan @ Naushad Khan S/O Saifullah Khan R/O VillageKarampatti (Karanpatti, Pokhariya Kharg), P.S- Chanpatiya, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Chanpatiya P.S. Case No. 178 of 2025 instituted under Sections 126(2), 115(2), 118(1), 109(1), 352 and 3(5) of the BNS.

3. As per the prosecution case, four co-accused persons including the petitioner came on two motorcycles and took the informant on the campus of the house of one Anjan Miyan forcibly. The allegation against the petitioner is that he caught the informant from his back and co-accused Subhash Yadav assaulted the informant with his knife on his neck, causing injury to him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.78392 of 2025(2) dt.05-01-2026 2/2 case. He further submits that the injury caused to the informant is self-manufactured and simple in nature caused with the help of blade. The police has recovered a blade with blood stain wrapped in newspaper which clearly suggest that no knife was recovered as alleged in the FIR and with the ulterior motive, the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedent and he undertakes to cooperate in the trial and investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No.178 of 2025, subject to the conditions laid down in Section 482(2) of the B.N.S.S.

(Sunil Dutta Mishra, J) AjayMishra/- U T