Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34607 of 2026 Arising Out of PS. Case No.-303 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Md. Irfan S/o Md. Zakir Ansari R/o Village - Dharampur, Ward no. 27, P.O. - Samastipur, P.S. - Mufassil, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anant Kumar 1, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 15-07-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Mufassil P.S. Case No. 303 of 2025 lodged on 14.07.2025, for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 76, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution story, in brief, is that the accused persons used to park their vehicles in front of informant's house and indulge in illegal activities. On the alleged date of occurrence all the F.I.R. named accused persons including the petitioner, as usual parked their motorcycle in front of informant's house. When the informant forbade them to do so, the accused persons started verbally abusing the informant and when the informant objected to it, co-accused persons Md. Sahil

Patna High Court CR. MISC. No.34607 of 2026(3) dt.15-07-2026 2/3 and Md. Alim inflicted a knife blow on informant's head causing head injury. It is further alleged that when the informant's wife and daughter-in-law came to rescue, the accused persons also assaulted them and outraged their modesty. It is further alleged that the petitioner herein snatched mobile and gold chain from the informant's daughter-in-law.

4. Learned counsel for the petitioner submits that the petitioner is innocent and antecedent of the petitioner is clean. Petitioner is the agnet of the informant and falsely been implicated in this case.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail of the petitioner on the ground that he is named in the F.I.R.

6. Having heard the learned counsel for the petitioner and learned A.P.P and from perusal of Case Diary, it is quite clear that the allegation in respect to the petitioner is limited to snatching of mobile and gold chain.

7. Considering the facts and circumstances of the case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) as mentioned in Section

Patna High Court CR. MISC. No.34607 of 2026(3) dt.15-07-2026 3/3 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of learned ACJM-II, Samastipur in connection with Mufassil P.S. Case No. 303 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023 and also subject to the following conditions:

(I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and also co-operate in the process of trial. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

(IV) The Petitioner shall not commit offence of a similar nature in future.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Alok Kumar, J) Bipin/- U T