Patna High Court
Md. FarukhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to stipulated conditions.
Summary
The petitioner, Md. Farukh, was implicated in an alleged assault on Md. Shaheem and Md. Waris, resulting in grievous injuries, and charged under several sections of the Bharatiya Nyaya Sanhita. The petitioner claimed false implication and asserted that the parties had reached a compromise, filing a petition before the Judicial Magistrate to that effect. The State opposed anticipatory bail, emphasizing the seriousness of the injuries. The High Court, after considering the compromise and the petitioner's request, ordered that he be released on anticipatory bail if arrested, subject to a Rs.10,000 bond, two sureties, and specific conditions including verification of the compromise and attendance in court. The order also stipulated that any breach of conditions could lead to cancellation of bail, and clarified that the observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged grievous assault.
- Whether the compromise between the parties warrants release on bail pending trial.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 351(2), 352 r/w 3(5), 482
Subjects
- anticipatory bail
- compromise
- grievous injuries
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9652 of 2026
Arising Out of PS. Case No.-32 Year-2025 Thana- Lalitgram District- Supaul
======================================================
Md. Farukh S/o Md. Samsad @ Md. Shamshad Alam Resident of Village-
Kharhi Tola, Ward No. 06, P.S.- Lalitgram, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
Mr. Mirza Ahraz, Advocate
Mr. Nasir Iqbal, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Lalitgram P.S. Case No. 32 of 2025 instituted
for the offences punishable under Sections 115(2), 118(1),
109(1), 351(2), 352 r/w 3(5) of the Bharatiya Nyaya Sanhita.
3. Allegation against the petitioner is that he along
with 3-4 unknown persons had brutally assaulted one Md.
Shaheem and Md. Waris. It has been alleged that they were
referred to hospital for better treatment.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no such occurrence,
as alleged, has occurred. It has further been submitted that the
Patna High Court CR. MISC. No.9652 of 2026(2) dt.24-02-2026
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FIR was lodged after almost 7 days of the occurrence. Learned
counsel for the petitioner though has admitted that the injury
report says that the injuries were found to be grievous in nature
caused by sharp cutting weapon however during the course of
investigation the parties have compromised and have also filed a
petition to such effect before the learned Judicial Magistrate - 1 st
Class, Supaul. It has further been submitted that the parties do
not want to pursue the matter further and therefore the petitioner
may be released on bail.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail and has
stated that the grievous injuries have been sustained by the
injured.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Supaul in
connection with Lalitgram P.S. Case No. 32 of 2025, subject to
the conditions as laid down under Section 482 of the BNSS and
Patna High Court CR. MISC. No.9652 of 2026(2) dt.24-02-2026
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subject to the following conditions:-
(i) The concerned court before whom the
present matter i.e. Lalitgram P.S. Case No. 32 of
2025 is listed shall call upon the informant and
confirm the fact of compromise and thereafter
accept the bail bonds.
(ii) One of the bailors will be a close
relative of the petitioner and the other shall be a
local resident:
(iii) the petitioner will remain present on
each and every date fixed by the Court below, if so
required by the learned Trial Court;
(iv) in case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bonds of the petitioner will liable to be
cancelled by the Court concerned;
(v) the Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in
terms of the above mentioned order shall not be
delayed for purpose of the same on in the name of
verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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