Sarfaraz @ Md. Sarfarazalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22829 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Sarfaraz @ Md. Sarfaraz Alam S/O Md. Ismail @ Ismail Ahmad R/O Herthu, P.O- Khodaganj, Islampur, P.S- Islampur, Distt.- Nalanda, Bihar. 2.

Md. Jisan Alam @ Farhan Alam @ Md. Nisan Alam S/O Md. Shoib Ahmad @ Shoib Alam.

3.

Md. Faizan Alam @ Md. Faiyan Alam S/O Md. Shoib Ahmad @ Shoib Alam.

4.

Md. Shazan Alam S/O Md. Shoib Ahmad @ Shoib Alam All three R/O Village- Harthu, P.O- Khodaganj, P.S- Islampur, Dist.- Nalanda, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Vardhan, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-05-2025 Heard Mr. Harsh Vardhan, learned counsel appearing on behalf of the petitioners and Mr. Pradeep Narain Kumar, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 19 of 2025 registered under Sections 191(2), 191(3), 190, 126(1), 115(2), 117(2), 109, 352, 351(3) of the B.N.S.

3. As per the allegation made in the FIR, due to enmity the petitioners, along with other persons, brutally assaulted the informant and his family members.

Patna High Court CR. MISC. No.22829 of 2025(2) dt.02-05-2025 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that there is case and counter case between the parties. The petitioners' side, in their self-defense, may have caused some injuries on the person of the informant and his family members. On these grounds, the petitioners seek to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

7. Having considered the rival submissions made on behalf of the parties, as well as, the fact that there is case and counter case between the parties and the petitioners may have caused injuries to the informant and his family members in their self-defense, I am of the opinion that the petitioners have, prima facie, made out a case to be released on pre-arrest bail.

8. The learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-I, Hilsa (Nalanda) in connection with Islampur P.S. Case No. 19 of 2025, subject to the condition as laid down under Section 482(2)

Patna High Court CR. MISC. No.22829 of 2025(2) dt.02-05-2025 3/3 of the B.N.S.S. of 2023.

9. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J) chn/- U T