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Patna High Court

Farooque Alam @ FarooqueversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                                            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.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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