Sulman Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81931 of 2025 Arising out of PS. Case No.-225 Year-2025 Thana- JOGAPATTI District- West Champaran ====================================================== Sulman Miya, Son of Bulla Miyan, R/o Dubauliya, Ward No. 8, P.S. - Yogapatti, District - 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. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Yogapatti P.S. Case No. 225 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 74, 75, 303(2) and 3(5) of BNS.
3. The allegation against the petitioner is of causing assault by means of iron sabal over the head of Afzal Alam, one of the brother-in-law of the informant due to which he sustained serious injuries, besides further allegation of misbehaving with the informant and snatching her valuable ornaments worth Rs. 20,000/-.
4. Learned Advocate appearing on behalf of the peti-
Patna High Court CR. MISC. No.81931 of 2025(2) dt.15-12-2025 2/3 tioner submitted that the occurrence took place on account of previous dispute resulting into the institution of case and counter case bearing Yogapatti P.S. Case No. 256 of 2025 against the informant and others. So far the injury which is allegedly sustained to the brother-in-law of the informant is concerned, the same has been found to be simple in nature as has been stated in Paragraph No. 6 of the bail application. It is further contended that the petitioner bears fair antecedent and he undertakes that he will fully co-operate the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner along with other co-accused persons have brutally assaulted the informant and others due to which some of the persons have sustained injuries.
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fair antecedent of the petitioner and simple nature of injury as also the factum of case and counter-case, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this
Patna High Court CR. MISC. No.81931 of 2025(2) dt.15-12-2025 3/3 order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Smt. Nishtha Upadhyay, learned Judicial Magistrate, 1st Class, West Champaran at Bettiah (or her successor) in connection with Yogapatti P.S. Case No. 225 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) Vikash/- U T