Md. Sarfaraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13835 of 2025 Arising Out of PS. Case No.-343 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Md. Sarfaraj S/O Zahiruddin Resident of village - Doria Sanapur, ward no.- 12, Police Station- Simraha, District- Araria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner is apprehending his arrest in connection with Forbesganj (Simraha) P.S. Case No. 343 of 2023 dated 18.04.2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 302, 120B, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and coaccused persons are alleged to have assaulted the informant's husband with a knife, sword and garasa and broke his hands and legs. The injured person was taken to hospital where he died during the course of treatment.
Patna High Court CR. MISC. No.13835 of 2025(2) dt.09-05-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of village politics. The petitioner has been made accused in this case merely on susupicion. After investigation, police has submitted final form against the petitioner and the charge-sheet against the other accused persons on 15.07.2023. The petitioner has no concern with the alleged offence. Similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 28.06.2024 passed in Cr. Misc. No. 1072/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Forbesganj (Simraha) P.S. Case No. 343 of 2023, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure, with further
Patna High Court CR. MISC. No.13835 of 2025(2) dt.09-05-2025 3/3 condition:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T