Md. Irfan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31665 of 2026 Arising Out of PS. Case No.-61 Year-2025 Thana- MADHEPUR District- Madhubani ====================================================== 1.
Md. Irfan S/o Suleman R/o vill - Mainarahi, P.S.- Madhepur, Distt.- Madhubani.
2.
Md. Mojebul @ Majebul S/o Suleman R/o vill - Mainarahi, P.S.- Madhepur, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hriday Narayan Harshit, Advocate.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-05-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Madhepur P.S. Case No.61 of 2025 instituted under Sections 126(2), 115(2), 109, 76, 303(2), 352, 351(2) & 3(5) of the B.N.S., 2023.
3. As per the prosecution case, when the informant was sitting in her courtyard, in the meantime all the accused persons including the petitioners entered into her courtyard having armed with various weapons and started abusing her. When she objected the same, the accused persons assaulted her by means of lathi danda. It is alleged that when she shouted, her
Patna High Court CR. MISC. No.31665 of 2026(2) dt.07-05-2026 2/3 sister-in-law Zulekh came to rescue her but petitioner no.1 has assaulted her and petitioner no.2 assaulted the son of informant causing injury to them.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that both the parties are neighbor and due to petty dispute, a free fight takes place between the parties in which both the parties received injuries. Learned counsel submits that there is case and counter case between the parties for the same occurrence. He further submits that injuries to the injured is simple in nature. Learned counsel submits that petitioners have got clean antecedent and they undertake to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as their clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.31665 of 2026(2) dt.07-05-2026 3/3 amount to each to the satisfaction of the learned A.C.J.M.-III, Jhanjharpur, Madhubani/ concerned Court in connection with Madhepur P.S. Case No.61 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) Ritik/- U T