Md. Farukh v. The State Of Bihar
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 VillageKharhi 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 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 2/3 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 - 1st 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 3/3 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