WOSAR MIYANversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86688 of 2025
                    Arising Out of PS. Case No.-121 Year-2025 Thana- DARPA District- East Champaran
                 ======================================================
           1.     Wosar Miyan, S/O Hasmuddin Miyan, R/O Vill.- Pakadiya Paithan Patti
                  Bhelwa, P.S.- Darpa, District- East Champaran
           2.    Salauddin Miyan @ Bhindi, S/O Late Mobarak Miyan, R/O Vill.- Pakadiya
                 Paithan Patti Bhelwa, P.S.- Darpa, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                     Heard Mr. Nafisu Zzoha, learned counsel for the

                   petitioner and Mr. Anuj Kumar Shrivastava, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Darpa P.S. Case No. 121 of 2025, F.I.R. dated

                   10.05.2025 for the offences punishable under Sections 126(2),

                   115(2), 303(2), 117(2), 74, 109, 352, 351(2) and 3(5) of the

                   BNS.

                                3. As per the First Information Report, due to petty

                   dispute, the petitioner along with other co-accused persons

                   assaulted to the informant and when the informant’s son came to

                   save him he was also assaulted by Alauddin Miyan with farsa on
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          his head causing head injury. It is further alleged that the co-

          accused Salauddin Miyan assaulted with iron rod to the wife and

          sister-in-law of the informant due to which they sustained

          injuries on their head and hand. They also took Rs.5,000/- from

          the pocket of the informant.

                       4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioners have not committed any offences as alleged in the

          F.I.R., rather there is general and omnibus allegation against the

          petitioner no. 1. There is specific allegation against the

          petitioner no. 2 is that he assaulted to the wife of the informant

          although they have received injuries apart from the aforesaid, it

          appears that the FIR was instituted after delay of three days

          without any explanation. The occurrence took place on

          07.05.2025 but the FIR instituted on 10.05.2025 and the wife of

          the informant has received injury in hand which is not the vital

          part of body. There is no specific allegation against the

          petitioner no. 1 namely Wosar Miyan.

                       5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.
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                       6. Considering the aforesaid facts and circumstances,

          the petitioners have clean antecedent and no specific allegation

          of assault is against the petitioner no. 1 and the injury report of

          the person injured is not on the vital part of the body, let the

          petitioners, above named, in the event of arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, East Champaran, Motihari in connection

          with Darpa P.S. Case No. 121 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.
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                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
khushbu/-

U      T