Patna High Court
Md. Farooque @ FarooqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that, given the absence of specific allegations against the petitioner, the simple nature of injuries, and his fair antecedent, anticipatory bail should be granted.
Summary
The petitioner, Md. Farooque, sought anticipatory bail fearing arrest in a case (Sikty P.S. Case No.100 of 2024) involving multiple IPC offences arising from a land dispute that escalated into a violent clash over cattle, injuring seven persons. The petitioner argued that the FIR did not specifically allege his participation, that the injuries were simple, and that he has a clean antecedent, citing that co‑accused had already been granted anticipatory bail in a related matter. The State opposed bail, contending that the petitioner actively participated in the assault. The High Court examined the nature of the dispute, the lack of specific incriminating material against the petitioner, the simplicity of injuries, and his good character, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The order also required one bailor to be a close family member and stipulated surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged participation in the assault and the nature of the injuries.
- Whether the lack of specific allegation against the petitioner and his clean antecedent justify the grant of bail under the inherent powers of the High Court.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 341, 354B, 379, 427, 504, 506/34
Subjects
- anticipatory bail
- land dispute
- assault
- Indian Penal Code
- high court inherent powers
- simple injuries
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2809 of 2026
Arising Out of PS. Case No.-100 Year-2024 Thana- SIKTI District- Araria
======================================================
Md. Farooque @ Farooque Son of Late Ajid Resident Of Village- Aambari,
Ward No 12, Police Station- Sikty, District -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramesh Kumar Singh
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate for the petitioner and learned
Advocate for the State.
2. The petitioner apprehends his arrest in connection
with Sikty P.S. Case No.100 of 2024 registered for the offences
punishable under Sections 341, 323, 324, 354B, 427, 307, 379,
504, 506/34 of the Indian Penal Code.
3. Allegedly, on the fateful day, while the cattle were
grazing in the field of the informant, she caught hold one of the
cattle and brought to her house, which infuriated the accused
persons, who variously armed rushed to the house of the
informant and brutally assaulted by means of lathi, danda and
iron rod, due to which seven persons were sustained injuries,
including the informant.
4. Learned Advocate for the petitioner, taking this
Patna High Court CR. MISC. No.2809 of 2026(2) dt.04-02-2026
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Court through the FIR, contended that save and except the
omnibus nature of allegation, there is no material on record nor
any injured persons have disclosed that the petitioner has
specifically assaulted. The genesis of the occurrence is a land
dispute and both the parties are claiming ownership over the
land in question, which resulted into a free fight, wherein
persons of both the sides have sustained injuries, besides
lodging of the case and counter case being Sikty P.S. Case
No.98 of 2024, which is on the earlier point of time. The injury
report of all the injured have been placed on record as
Annexure-P/3 series. Referring thereto, it is submitted that all
the injured have sustained simple injuries. Taking note of the
aforesaid facts, other co-accused persons, who are also facing
identical allegation, have been allowed the privilege of
anticipatory bail by this Court in Cr. Misc. No. 91206 of 2025
vide order dated 15.01.2026; copy of the order is placed on
record. It is lastly contended that be that as it may, the petitioner
is a man of fair antecedent and he undertakes that he will fully
cooperate in the proceedings of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that in
the said occurrence, altogether seven persons have sustained
Patna High Court CR. MISC. No.2809 of 2026(2) dt.04-02-2026
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injuries and the petitioner has actively participated in the crime.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and considering the
genesis of the occurrence, besides the factum of case and
counter case as well as the simple nature of injuries and the fair
antecedent of the petitioner, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class/Successor Court, Araria in
connection with Sikty P.S. Case No.100 of 2024, subject to the
condition as laid down under Section 482(2) of the BNSS, with
further condition that one of the bailors shall be the own/close
family members of the petitioner.
(Harish Kumar, J)
Anjani/-
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