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Patna High Court

Jahiruddin Miyan @ Jahiruddin AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied as the assault was grievous and the petitioners have prior criminal records.

Summary

The petitioners, Jahiruddin Miyan and Rizwan Miyan, applied for anticipatory bail fearing arrest in a case (Manuapul PS Case No.71 of 2025) involving multiple offences under the Bihar Non‑Compulsory Act, 2023, including assault causing grievous injury to the informant’s daughter. The petitioners argued that the incident was a minor altercation and that medical evidence did not show a ‘farsa’ injury, seeking bail on the basis of cooperation and lack of intent. The State and the informant opposed bail, highlighting the serious nature of the assault, the grievous injury documented in the injury report, and the petitioners’ prior criminal antecedents (three for petitioner 1 and one for petitioner 2). The court examined the gravity of the alleged assault, the presence of grievous injury, and the criminal records, and concluded that these factors outweighed the petitioners’ request for bail. Consequently, the court rejected the anticipatory bail application but directed that if the petitioners surrender within four weeks, their bail may be reconsidered. The order underscores the court’s emphasis on public safety and the seriousness of the charges.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail given the seriousness of the alleged assault and the presence of grievous injury.
  • Whether the petitioners’ prior criminal antecedents justify denial of bail under the applicable provisions.

Subjects

  • anticipatory bail
  • assault
  • grievous injury
  • criminal antecedent
  • pre‑arrest bail
  • Bihar Non‑Compulsory Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71636 of 2025
                   Arising Out of PS. Case No.-71 Year-2025 Thana- Manuapul District- West Champaran
                 ======================================================
           1.     Jahiruddin Miyan @ Jahiruddin Ansari S/o- Late Manauwar Miyan Resident
                  of village- Bharpatiya W.No-13, Ps- Manuapul Dist- West Champaran
           2.     Rizwan Miyan @ Rizwan Ansari S/o- Late Manauwar Miyan Resident of
                  village- Bharpatiya W.No-13, Ps- Manuapul Dist- West Champaran
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma, Adv.
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 For the Informant        :       Mr. Avinash Raj, Adv.
                                                  Mr. Sachidanand Rai, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                  Heard the learned Advocate for the petitioners,

                   learned Advocate for the informant and the learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Manuapul P.S. Case No. 71 of 2025, registered

                   for the offences punishable under Sections 126(2), 115(2),

                   118(1), 109(1), 76, 303(2), 3(5), 351(2) and 352 of the BNS,

                   2023.

                                3. The allegation against the petitioners is of causing

                   assault by means of farsa and rod over the daughter of the

                   informant, due to which she sustained serious injuries. Besides

                   there is further allegation of causing assault to the informant and

                   others as well as snatching of valuables.
Patna High Court CR. MISC. No.71636 of 2025(3) dt.11-02-2026
                                            2/3




                       4. Learned Advocate for the petitioners submitted that

          on account of a trifle, both the parties have entered into a free

          fight, resulting into some unfortunate injuries to the persons of

          both the sides. There is counter version of the present case being

          Manuapul P.S. Case No. 72 of 2025 instituted against the

          informant and others. The entire allegation of causing farsa

          blow falls to the ground for the simple reason that the doctor has

          not found any farsa injury on the person of informant’s

          daughter, is the contention of the learned Advocate for the

          petitioners. The petitioners though bears criminal antecedent,

          however, they submits that they will fully co-operate in the

          proceeding of the Court and would not indulge in such

          incidence in future.

                       5. On the other hand, learned Advocate for the State

          and the informant opposed the pre-arrest bail application and

          taking this Court through the FIR contended that there is

          specific accusation against both these petitioners of causing

          assault by means of farsa and garasa, due to which the

          informant’s daughter sustained grievous injury, as is evident

          from the injury report, besides the petitioner no. 1 is carrying

          three criminal antecedent whereas petitioner no. 2 bears one

          criminal antecedent.
            Patna High Court CR. MISC. No.71636 of 2025(3) dt.11-02-2026
                                                        3/3




                                   6. Having considered the submissions advanced by

                      learned Advocate for the respective parties and taking note of

                      the fact that the assault caused by petitioner no. 2 is found to be

                      grievous in nature and he bears one criminal antecedent,

                      whereas the petitioner no. 1 bears three criminal antecedent and

                      he also actively participated in the crime and assaulted the

                      victim, due to which she sustained injury. This Court is not

                      acceded to the prayer for anticipatory bail of the petitioners.

                      Accordingly, the prayer for bail stands rejected.

                                   7. However, if the petitioners shall surrender before

                      the Court below preferably within a period of four weeks, from

                      today, their prayer for bail shall be considered without being

                      prejudice by the order of this Court.



                                                  (Harish Kumar, J)
shivank/-

U      T


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