Sufiyan@ Sufyan v. The 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 ====================================================== 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 ====================================================== 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 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
Patna High Court CR. MISC. No.7408 of 2026(3) dt.22-04-2026 2/3 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-inlaw 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
Patna High Court CR. MISC. No.7408 of 2026(3) dt.22-04-2026 3/3 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