Md. Farooq @ Md. Faroque Raza v. The State of Bihar
CR. MISC./51096/2025 · 2025-08-11
Sourendra Pandey
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62084 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62084 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51096 of 2025 Arising Out of PS. Case No.-541 Year-2021 Thana- KHAJANCHI HAT District- Purnia ======================================================
1. Md. Farooq @ Md. Faroque Raza S/o Md. Zabbar @ Abdul Jabbar R/o Village- Vikrampatti, P.S.- K. Hat (Maranga), District- Purnea
2. Md. Zabed @ Md. Jawed Raza S/o Md. Zabbar @ Abdul Jabbar R/o village- Vikrampatti, P.S.- K. Hat (Maranga), District- Purnea
3. Md. Zabbar @ Abdul Jabbar S/o Late Wardalli R/o village- Vikrampatti, P.S.- K. Hat (Maranga), District- Purnea ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Bidhu Ranjan, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 11-08-2025 Heard Mr. N.K. Agarwal, the learned senior counsel for the petitioners and the learned Additional Public Prosecutor for the State. 2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. 3. As per the prosecution case, the named accused persons including the petitioners had approached the informant, variously armed with lathi-danda, farsa etc. and started abusing and when Chandan Yadav protested, it is alleged that Md. Maruf ordered for catching hold of him and then Md. Marukh put a rope around his
Patna High Court CR. MISC. No.51096 of 2025(2) dt.11-08-2025 2/3 neck and thereafter Md. Maruf assaulted assaulted on the head by means of farsa, causing grievous injuries. 4. Learned senior counsel for the petitioners submit that petitioners are innocent and have falsely been implicated in this case. He further submits that there is general and omnibus allegation against all the petitioners of assaulting the informant and others. It has further been submitted that specific allegation of assault by means of farsa was on Md. Maruf. It has lastly been submitted that petitioners have clean antecedent. 5. The learned A.P.P. for the State has vehemently opposed the prayer for bail. 6. Considering the aforesaid submissions, the petitioners, above named, are directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with K. Hat (Maranga) P.S. Case No. 541 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative. Patna High Court CR. MISC. No.51096 of 2025(2) dt.11-08-2025 3/3 (ii) The petitioners shall remain physically present in Court on each date of the trial. (iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the Court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned 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 bonds in terms of the above- mentioned order shall not be delayed for purpose of or in the name of verification. 7. Accordingly, the prayer for bail is allowed. Siwani/- (Sourendra Pandey, J) U T