Iftekhar @ Md Istekhar Alam @ Istakhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42224 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Iftekhar @ Md Istekhar Alam @ Istakhar S/o Nurul Huda R/o Mazgama Bagalbari, P.S.- Kochadhaman, District-Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP For the Informant :

Mr. Raj Kumar, Advocate Mr. Pratik Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2025 Heard Mr. Dilip Kumar Singh, learned counsel appearing on behalf of the petitioner; Mr. Yogendra Kumar, learned APP appearing on behalf of the State, Mr. Raj Kumar along with Mr. Pratik Kumar, learned counsel appearing on behalf of the Informant.

2. The petitioner apprehends his arrest in connection with Kochadhaman P.S. Case No. 128 of 2025 registered under Sections 126(2), 115(2), 329(4), 109(1), 118(2), 303(2), 351(2), 352, 3(5) of the BNS.

3. As per the allegation made in the FIR, all the accused persons, along with the petitioner, with a common intention to kill the daughter of the informant, poured boiling hot water on her, causing her injury and they also snatched Rs.1

Patna High Court CR. MISC. No.42224 of 2025(2) dt.16-07-2025 2/3 lakh.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is a family member but he is nowhere related with the alleged incident. There is neither any specific allegation against the petitioner nor any case has been made out against him. The allegation leveled against the petitioner is general and omnibus in nature. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Learned counsel appearing on behalf of informant vehemently opposed the prayer for grant of pre-arrest bail.

6. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

7. Considering the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I find that the allegation leveled against the petitioner is general and omnibus in nature, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

8. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of

Patna High Court CR. MISC. No.42224 of 2025(2) dt.16-07-2025 3/3 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 128 of 2025, subject to the condition as laid down under Section 482 of the BNSS.

9. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T