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2025 DAILYLAW 70876 (PAT)

Furkan @ Md. Furkan v. The State of Bihar

CR. MISC./59156/2025 · 2025-09-01

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59156 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- POTHIYA District- Kishanganj ====================================================== 1. Furkan @ Md. Furkan S/O Hisabuddin R/O - Jagirgachh, P.S. - Pothia, District - Kishanganj 2. Md. Erfan @ Irfan Ali S/O Hisabuddin R/O - Jagirgachh, P.S. - Pothia, District - Kishanganj 3. Md. Faruque @ Md. Faruk S/O Hisabuddin R/O - Jagirgachh, P.S. - Pothia, District - Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar , Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 01-09-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126 ( 2 ), 115 ( 2 ), 118 ( 2 ), 10 (1) , 352, 351 (3) and 3 (5) of the BNSS. 3 . As per F.I.R., on the alleged date and time of occurrence , all the accused persons including these petitioners armed variously came on the land of the informant with intention to dispossess forcibly and when informant opposed the same , then all the accused persons assaulted informant and others due to which they sustained injury . Patna High Court CR. MISC. No.59156 of 2025(2) dt.01-09-2025 2/2 4. It is submitted on behalf of the petitioners that specific accusation of assault is against other co-accused persons and so far as these petitioners are concerned, there is absolutely no allegation of assault against them. Case and counter case . Petitioners claim clean antecedent. 5 . Learned counsel for the State oppose the bail petition . 6 Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate – IIIrd, Kishanganj in connection with Pothia P.S. Case No. 72 of 2024 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 . Koushik/- (Prabhat Kumar Singh, J) U