Patna High Court
Farooque Alam @ FarooqueversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Farooque Alam, applied for anticipatory bail in connection with a criminal case (PS Case No. 275 of 2025) alleging offences under Sections 109(1), 117(2), 324(2), 76, 351(2) and 3(5) of the B.N.S. The prosecution alleged that the petitioner, along with co‑accused, assaulted an informant and her family members, causing injuries, including a head injury to the informant. The petitioner contended that he is innocent, resides in Delhi, has no criminal antecedent, and was falsely implicated due to a family dispute. The State opposed the bail, emphasizing the seriousness of the assault on a vital part of the body. The Court examined the FIR and injury report, noting the potential seriousness of the alleged assault, and concluded that granting anticipatory bail would be inappropriate. Consequently, the Court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged assault on a vital part of the body under the cited sections of the B.N.S.
Legislation cited
- B.N.S. — s. 109(1), 117(2), 324(2), 3(5), 351(2), 76
Subjects
- anticipatory bail
- assault
- criminal procedure
- B.N.S.
- injury to vital part
- section 324
- section 351
Judgment
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
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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.
(Alok Kumar Sinha, J)
kiran/-
U T
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