Gufran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10142 of 2026 Arising Out of PS. Case No.-246 Year-2025 Thana- JOKIHAT District- Araria ====================================================== Gufran Son of Lagim @ Latim Resident of Village - Kamat Ward No. - 9, Police Station - Bairgachhi, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Jokihat P.S. Case No. 246 of 2025 registered for the offences under Sections 126(2), 127(2), 118(1), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S.
3. The prosecution case is to the effect that the petitioner had severely assaulted one Tazuddin by knife and iron rod. It is also alleged that certain amount was taken away from the pocket of Tazuddin.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and no occurrence as alleged has occurred. He further submits that there is also an allegation that co-accused Jubair and Shamshad has thrown the injured Tazuddin on a ground and has assaulted by fist on his chest. It
Patna High Court CR. MISC. No.10142 of 2026(2) dt.25-02-2026 2/3 has next been submitted that the allegations levelled against the petitioner has not been dealt with in the impugned order with regard to its nature i.e. either simple or grievous. It has lastly been submitted that the parties have subsequently compromised on the intervention of the well-wishers and they do not want to continue with the present case and the petitioner carries one criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submissions, let the petitioner be released on bail subject to that prior to accepting the bail bonds, the concerned court shall call upon the informant and only after being satisfied that the compromise entered between the parties shall accept the bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Jokihat P.S. Case No. 246 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court
Patna High Court CR. MISC. No.10142 of 2026(2) dt.25-02-2026 3/3 concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned 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 bond of the petitioner. However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U T