IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48208 of 2025 Arising Out of PS. Case No.-1062 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== 1. Md. Afroz @ Afroz Alam @ Afroz, S/O Taha R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. 2. Sabi Anwar @ Sabih Anwar, S/O Md. Afroz @ Afroz Alam @ Afroz R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. 3. Istekhar @ Iftekhar Alam, S/O Md. Afroz @ Afroz Alam @ Afroz R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. 4. Santu @ Intesab Alam, S/O Md. Afroz @ Afroz Alam @ Afroz R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. 5. Saif @ Md. Saif, S/O Md. Afroz @ Afroz Alam @ Afroz R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. 6. Firoj @ Md. Firoj Alam, S/O Taha R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. 7. Barish @ Waris @ Md. Waris Ali, S/O Taha R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. 8. Perwej @ Md. Perwej Alam, S/O Taha R/O Village- Mahichanda, Ward No.- 4, P.S- Simraha, Dist.- Araria. 9. Salim @ Md. Salim, S/O Perwej @ Md. Perwej Alam R/O Village- Mahichanda, Ward No.-4, P.S- Simraha, Dist.- Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Naushaduzzoha, Adv. For the Opposite Party/s : Mr. Vinod Shanker Modi, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 04-11-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Forbesganj (Simraha) P.S. Case No. 1062 of 2022, Patna High Court CR. MISC. No.48208 of 2025(3) dt.04-11-2025 2/4 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 379, 504 and 34 of the Indian Penal Code. 3. Allegedly on account of a quarrel between the children of both the families, the FIR named accused persons caught hold the child of the informant and started beating him. When the informant went to save his daughter, all the accused persons brutally assaulted him by means of lathi, danda and rod, due to which the informant and his family members sustained serious injuries. There is allegation of snatching of valuables also. 4. Learned Advocate appearing on behalf of the petitioners submits that the genesis of the occurrence is said to be a dispute arisen on account of quarrel amongst the children and, in fact, on the alleged date of occurrence, a free fight has taken place between the persons of both the sides, resulting into unfortunate injuries to persons of some family members. Both the parties are agnates and the petitioner no.1 is none else, but the cousin brother of the informant. There is a counter version of the present occurrence being Forbesganj (Simraha) P.S. Case No. 1063 of 2022 instituted by the petitioner no. 2 against the informant of the present case. All the injuries sustained to the injured have been found to be simple in nature, except one Patna High Court CR. MISC. No.48208 of 2025(3) dt.04-11-2025 3/4 injury sustained over the elbow of the informant, which is said to be grievous. 5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioners are also having criminal antecedents, except petitioner no. 5 and moreover, in the said occurrence four of the persons of the informants’ side have sustained injuries, out of which one of the injury has been found to be grievous in nature. 6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the simple injuries over the three of the injured persons, so far the injury which is said to be grievous in nature sustained to the informant is concerned, the same is on non-vital part, besides the factum of case and counter case and the parties are agnates, 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 1062 of Patna High Court CR. MISC. No.48208 of 2025(3) dt.04-11-2025 4/4 2022, 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. supratim/- (Harish Kumar, J) U T