Najrul Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85430 of 2025 Arising Out of PS. Case No.-220 Year-2025 Thana- AMNAUR District- Saran ====================================================== 1.
Najrul Miyan S/O Late Akhatar Ali @ Kurban Miyan R/O Village- Apahar, P.S- Amnour, Distt.- Saran at Chapra.
2.
Asagar Ali S/O Late Pachu Miyan R/O Village- Apahar, P.S- Amnour, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pampy Kumari, Adv.
For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-12-2025 Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Amnour P.S. Case No. 220 of 2025, registered for the offences punishable under Sections 115(2), 126(2), 109(1), 303(2), 351(2), 352 and 3(5) of the B.N.S.
3. Allegedly in the evening of fateful day, while the informant was coming along with her husband and son, in the meanwhile, all the FIR named accused persons, including the petitioners along with other 8-10 unknown persons intercepted the vehicle and pulled out the husband of the petitioner and brutally assaulted him by means of lathi and danda, due to
Patna High Court CR. MISC. No.85430 of 2025(2) dt.24-12-2025 2/3 which he sustained serious injuries. There is further allegation against the other accused persons of snatching the golden chain of the informant.
4. Learned Advocate for the petitioners submitted that in fact on account of a trifle, the parties have entered into a free fight, resulting into some unfortunate injuries to persons of both the sides. There is a counter version of the present case being Amnour P.S. Case No. 217 of 2025, instituted against the informant and others, which is at much earlier point of time. In fact, with regard to an incidence, three FIR's have been instituted on the same date and time, one by the informant and another by the police officials, besides the counter case instituted by the persons of the petitioners side. The injuries, which are allegedly sustained to the informant's husband, on instruction, it is submitted that they are simple in nature. Prior to the alleged occurrence, the petitioners had absolutely clean antecedent.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner no. 1 has specifically assaulted the informant's husband.
6. Having considered the submissions advanced by
Patna High Court CR. MISC. No.85430 of 2025(2) dt.24-12-2025 3/3 learned Advocate for the respective parties and taking note of the factum of case and counter case, coupled with the submission of the petitioners that the informant has sustained simple nature of injury, besides the fact that prior to the said incidence, the petitioners have absolutely clean antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Amnour P.S. Case No. 220 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 petitioners.
(Harish Kumar, J) shivank/- U T