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2026 DAILYLAW 4659 (PAT)

Farooque Alam @ Farooque v. The State of Bihar

CR. MISC./24033/2026 · 2026-05-06

Alok Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24033 of 2026 Arising Out of PS. Case No.-275 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== Farooque Alam @ Farooque Son of Late Amiruddin Resident of Village - Singhia Dangipara Ward No.- 014, P.S.- Bahadurganj, District - Kishanganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv For the Opposite Party/s : Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 3 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No. 275 of 2025, registered for the offence punishable under Sections 109(1), 117(2), 324(2), 76, 351(2), 3(5) of the B.N.S. 3. The case of the prosecution, in short, is that on 13.06.2025, the petitioner along with other co-accused persons were obstructing the rasta of the informant by constructing chhaja over it. Upon protest, all the accused persons along with petitioner came there with arms. Accused Sahena Begum and Shehansah Begum both caught the hand of the informant and the petitioner Farooque Alam assaulted with dabia on the head of the informant due to which the informant sustained injury on Patna High Court CR. MISC. No.24033 of 2026(3) dt.06-05-2026 2/3 her head. When her daughter Shahin Praveen and Ruhi Naj came to save her then petitioner Farooque Alam assaulted them and tom their clothes. When daughter in law of informant Pyari Begum came to save her then Muskan Begum and Fainsi assaulted her with bamboo stick due to which she sustained injury. The accused persons assaulted the son of the informant Nasim also. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offense. He has falsely been implicated in the present case. The allegations levelled against the petitioner is false, concocted and absurd. The petitioner has no knowledge about the alleged occurrence as he lives in Delhi. The petitioner and the informant are siblings and due to the dispute arising on account of blocked rasta, he has been implicated. He further submits that the petitioner has no criminal antecedent. 5. Learned A.P.P. for the State opposes the prayer of anticipatory bail. 6. From the reading of the FIR, it appears that there is direct allegation against the petitioner of having assaulted the informant with dabiya on the head of the informant due to which the informant is said to have sustained injury on head Patna High Court CR. MISC. No.24033 of 2026(3) dt.06-05-2026 3/3 which is a vital part of the body. Although the injury report shows that the injury sustained is simple in nature but the fact remains that the allegation of assault is on the vital part of the body which could have led to the death of the informant. Considering these aspects of the matter, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. 7. Accordingly, the present anticipatory bail application stands rejected. kiran/- (Alok Kumar Sinha, J) U T