Safruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11943 of 2025 Arising Out of PS. Case No.-35 Year-2024 Thana- Bargaon District- Darbhanga ====================================================== 1.

Safruddin S/O Md. Suleman Resident of Villlage- Bargaon, P.S- Bargao, District- Darbhanga.

2.

Md. Aftab @ Altaf S/O Md. Safruddin Resident of Villlage- Bargaon, P.SBargao, District- Darbhanga. 3.

Md. Azimuddin S/O Fakruddin Resident of Villlage- Bargaon, P.S- Bargao, District- Darbhanga.

4.

Md. Salimuddin S/O Md. Salauddin Resident of Villlage- Bargaon, P.SBargao, District- Darbhanga. 5.

Md. Nezamuddin S/O Md. Suleman Resident of Villlage- Bargaon, P.SBargao, District- Darbhanga. 6.

Shahbaz S/O Md. Safruddin Resident of Villlage- Bargaon, P.S- Bargao, District- Darbhanga.

7.

Md. Fakhruddin S/O Md. Suleman Resident of Villlage- Bargaon, P.SBargao, District- Darbhanga. 8.

Md. Matin @ Abdul Motim S/O Md. Yusuf Resident of Villlage- Bargaon, P.S- Bargao, District- Darbhanga.

9.

Zulfekar S/O Md. Suleman Resident of Villlage- Bargaon, P.S- Bargao, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Ansiur Rahman, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP For the informant :

Mr. Nilendu Choudhary, Adv.

Mr. Abhay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners, State and the informant.

2. The petitioners apprehend their arrest in connection with Jamalpur (Bargaon) P.S. Case No. 35 of 2024 for the

Patna High Court CR. MISC. No.11943 of 2025(3) dt.13-05-2025 2/3 offence registered under sections 191(2), 126(2), 115(2), 118, 109, 125(1), 352, 251(2) and 3(5) of BNS lodged on 13.07.2024 by the informant, Nasima Khatoon.

3. As per the prosecution story, the informant alleged that her son, Ashfaque was brought by some persons in unconscious condition and his intestine was out of his body cut by sword, she fainted, regained consciousness and later came to know that he has been taken to the hospital. This led to the FIR.

4. Learned counsel for the petitioners submit that the allegation of using sword is only on Ashfaque while allegation against others is of using lathi.

5. Learned APP has appeared in the case and he submits that the son of the informant was brutally assaulted and they used sword to pierce it in the abdomen which led entire intestine to go out, the injured anyhow survived. He further submits that the process under Section 82,83 Cr.P.C has already been completed and a belated anticipatory bail has now been filed. The last submission is that against the observation of the learned Sessions Judge that Md. Nezamuddin, Md. Salimuddin and Md. Safruddin are having criminal antecedent, the paragraph 3 of the petition shows that the petitioner no. 1 has clean antecedent.

6. Considering the aforesaid submissions of the

Patna High Court CR. MISC. No.11943 of 2025(3) dt.13-05-2025 3/3 parties as also the fact that false statement has been made in paragraph 3 despite the observation of the learned Sessions Judge that Md. Safruddin (petitioner no. 1) is having criminal antecedent, in that background, this Court is not inclined to extend them privilege of anticipatory bail.

7. According, the prayer for anticipatory bail stands rejected.

(Rajiv Roy, J) Vijay Singh/- U