Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 14855 (PAT)

Md. Farid Khan @ Md. Farid v. The State of Bihar

CR. MISC./32912/2026 · 2026-05-13

Praveen Kumar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32912 of 2026 Arising Out of PS. Case No.-166 Year-2025 Thana- AMDABAD District- Katihar ====================================================== Md. Farid Khan @ Md. Farid S/o Jamil Khan R/o Navratanpur, P.S.- Amdabad, Distt.- Katihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case in connection with Amdabad P.S. Case No. 166 of 2025 dated 08.07.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 125(b) and 3(5) of the B.N.S. Later on Section 103(1) of B.N.S. has been added. 3. As per the allegation, during the Moharram procession, one co-accused Azam Khan inflicted dagger blow in the stomach of informant’s son, namely, Ramjan Sabji and when Sheikh Bilaluddin tried to save the informant’s son then co- accused Azam Khan assaulted him. It has further been alleged that petitioner, who happens to be the brother of co-accused Azam Khan, took away his brother after brandishing lathi and Patna High Court CR. MISC. No.32912 of 2026(2) dt.13-05-2026 2/3 exhorting the people not to dare to stop them. It has further been alleged that the injured Ramjan Sabji was taken for treatment firstly at P.H.C. and thereafter he was referred to higher center and during course of treatment the son of the informant succumbed to his injury. 4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case. It has further been submitted that there is no allegation of assault against the petitioner and the solitary allegation is against his brother co-accused Azam Khan. It has further been submitted that charge-sheet has been filed against the co- accused Azam Khan, who was in custody, while the petitioner was not sent for trial and the allegation was not found to be true against him during the course of investigation, but subsequently the learned Magistrate differing with the final form took cognizance against the petitioner and hence apprehension of arrest as per Annexure-3. It has further been submitted that petitioner has got no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Heard the parties and perused the record. 7. Considering the facts and circumstances of the Patna High Court CR. MISC. No.32912 of 2026(2) dt.13-05-2026 3/3 case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Katihar in connection with Amdabad P.S. Case No. 166 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S. 8. The application stands allowed. shivam/- (Praveen Kumar, J) U T