Md. Afaque @ Silti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24747 of 2026 Arising Out of PS. Case No.-243 Year-2023 Thana- THAKURGANJ District- Kishanganj ====================================================== Md. Afaque @ Silti Son of Late Amir @ Amiruddin R/O Vill- Jalmilik, Kanakpur, Gunjarmari, P.S.- Thakurganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navneet Kumar, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 504, 506, 379, 34 of the Indian Penal Code.

3. The case of the prosecution is that the informant saw that someone has taken away his bike. As he objected, the petitioner and two other accused persons started abusing and assaulting the informant's husband. It is alleged that petitioner has assaulted with iron rod on his head, wrist and has also assaulted on his nose.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. Learned counsel for the

Patna High Court CR. MISC. No.24747 of 2026(4) dt.18-06-2026 2/3 petitioner has submitted that from perusal of the FIR itself, it is clear that informant is not the eye witness of the occurrence. There is enmity between the parties and from perusal of the injury report, it is clear that injury no. 2 is lacerated wound over the whole face and swelling and pain in right hand and has been opined to be grievous in nature. The allegation against the petitioner is that he has assaulted on his head and wrist. He has further been submitted that the injury no. 1 which is on his head is simple in nature and whereas the injury no. 4 which is on his right hand is found to grievous by the Doctor. Though injury no. 4 is grievous in nature but since it is fracture on hand, it is bailable in nature.

It has further been submitted that similarly situated co-accused Md. Rohit has been granted bail by a coordinate bench of this Court in Cr. Misc. No. 57100 of 2025 vide order dated 25.08.2025. A statement has been made in para-3 that the petitioner is having no criminal antecedent. Moreover, he is languishing in judicial custody since 10.08.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on

Patna High Court CR. MISC. No.24747 of 2026(4) dt.18-06-2026 3/3 bail. The above named petitioner is directed to be released on bail in connection with Thakurganj P.S. Case No. 243 of 2023. on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Kishanganj. (Ashok Kumar Pandey, J) Sneha/- U T