Patna High Court
Zahiruddin Mian @ Jahiruddin AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail upon furnishing a bond of Rs.10,000 each with two sureties each.
Summary
The petitioners, Zahiruddin Mian and Rizwan Mian, were charged under multiple sections of the Bihar Negotiable Substances Act, 2023 for allegedly assaulting the informant’s daughter, Rubi Khatoon, causing injuries to her eye and head. The prosecution alleged that Zahiruddin struck the victim with a farsa, while Rizwan used a Gandasa, though the medical report indicated injuries from a hard, blunt object, creating a discrepancy. The petitioners contended they were falsely implicated, asserted innocence, and highlighted that the injuries did not correspond with the weapon described in the FIR. The informant’s counsel opposed bail, pointing to the petitioners’ prior criminal antecedents. After hearing both sides, the Court found the inconsistencies sufficient to merit bail and ordered the petitioners to be released on a bond of Rs.10,000 each with two sureties, subject to the Chief Judicial Magistrate’s satisfaction.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences and their prior criminal antecedents
- Whether the medical evidence creates a reasonable doubt about the prosecution’s version of the assault
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- assault
- injury
- medical evidence
- criminal antecedent
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31598 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- Manuapul District- West Champaran
======================================================
Zahiruddin Mian @ Jahiruddin Ansari Son of Late Manauwar Miyan Resident
of Village - Bharpatiya, Ward No. 13, P.S.- Manuapul, District - West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 31698 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- Manuapul District- West Champaran
======================================================
Rizwan Mian @ Rizwan Ansari S/o Late Manauwar Miyan Resident of
Village - Bharpatiya, Ward No. 13, P.S - Manuapul, District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 31598 of 2026)
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate
For the Informant : Mr. Avinash Raj, Advocate
Mr. Sacida Nand Rai, Advocate.
For the Opposite Party/s : Mr. Amitesh Kumar
(In CRIMINAL MISCELLANEOUS No. 31698 of 2026)
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate.
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Manuapool P.S. Case No. 71 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
Patna High Court CR. MISC. No.31598 of 2026(2) dt.12-05-2026
2/3
109(1), 76, 303(2), 351(2), 352, 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that the
petitioner, namely, Zahiruddin Mian, assaulted the daughter of
the informant with farsa, which hit her left eye, and it is further
alleged that Rizwan Mian assaulted her with a farsa on the head,
due to which she received grievous injuries caused by hard and
blunt substance.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that there is also a counter version of this
case and that the petitioner’s side has also received injuries. He
further submits that the injury which is alleged to be caused by
petitioner, namely, Zahiruddin Mian, is simple in nature, whereas
the injuries which are alleged to be caused by petitioner, namely,
Rizwan Mian, are grievous in nature, but from perusal of the FIR,
it will transpire that the allegation is that Rizwan Mian has
assaulted with Gandasa, which is a sharp cutting weapon, whereas
the doctor conducting the medical examination of Rubi Khatoon
(the daughter of the informant) has opined that the injuries were
caused by hard and blunt object. Learned counsel further submits
that the injury does not co-relate with the allegation. Moreover,
the petitioners are languishing in judicial custody since
Patna High Court CR. MISC. No.31598 of 2026(2) dt.12-05-2026
3/3
16.02.2026.
5. The application for bail is vehemently opposed by the
learned counsel for the informant and the learned APP for the
State. Learned counsel for the informant submits that a statement
has been made in para 3 of the petition that petitioner no. 1 has
got three criminal antecedent whereas petitioner no. 2 has
criminal antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, West Champaran, Bettiah in connection
with Manupool P.S. Case No. 71 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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