Sufiyan@ SufyanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7408 of 2026
                        Arising Out of PS. Case No.-336 Year-2024 Thana- JOKIHAT District- Araria
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                 Sufiyan@ Sufyan S/O- Late Abdurrajjak Resident of village- Rahriya, ward
                 number-05, P.S. Jokihat, District- Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar
           2.    Shahnaj D/O-Taslimuddin@ Taslim Resident of village- Farsadangi, P.S.-
                 Jokihat, District Araria.

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   22-04-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the Opposite Party No. 2.

                                2. The petitioner is apprehending arrest in connection

                   with Jokihat P.S. Case No. 336 of 2024, dated 24.09.2024,

                   lodged under Sections 126(2), 115(2), 303(2), 85, 324(5), 352,

                   351(3) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter

                   referred to as “BNS, 2023”) and under Section 3/4 of the D.P.

                   Act.

                                3. As per the prosecution, the F.I.R. has been lodged

                   against three named accused persons, including the present

                   petitioner, with an allegation that the petitioner entered into the

                   informant’s land and attempted to destroy the crops by spraying
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          poisonous pesticide thereon. It is further alleged that, upon

          resistance, the accused persons also snatched cash, gold, and

          silver jewellery, and by spilling poisonous pesticide, caused

          damage to the extent of Rs. 1,00,000/-.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that the F.I.R. has been lodged by the mother-in-

          law of the petitioner. Counsel further submits that there are

          already cases pending under Section 498A of the I.P.C. as well

          as a maintenance case against him at the instance of the

          informant’s side. Counsel further submits that the present case

          has been lodged merely as a pressure tactic, as two earlier cases

          were already pending against him at the instance of the in-laws’

          family members.

                       5. Learned counsel for Opposite Party No. 2, who has

          appeared through notice, vehemently opposes the prayer for bail

          and submits that the petitioner is a habitual litigant and, from the

          allegations, it is evident that upon receiving notice in the

          maintenance case, he has committed the present act. It is

          therefore submitted that the bail application of the petitioner

          deserves to be rejected.

                       6. Learned APP for the State opposes the prayer for
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                    bail of the petitioner.

                                 7. In the present facts and circumstances of this case

                    as well as upon perusal of the allegations made, let the above

                    named petitioner be released on anticipatory bail, in the event of

                    arrest or surrender before the Trial Court within a period of 4

                    weeks from today, on furnishing bail bond of Rs.30,000/-

                    (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

                    the BNSS, 2023 to the satisfaction of C.J.M, Araria, in

                    connection with Jokihat P.S. Case No. 336 of 2024, subject to

                    the conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                                 (Dr. Anshuman, J.)


Aman Kumar/-

U     T