Md. Irfan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46043 of 2025 Arising Out of PS. Case No.-655 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== Md. Irfan S/O Md. Jaheer Resident Of Ward No. 23, Bapu Nagar, Baluhai, Khagaria, Bihar-851204 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Keshav Bhardwaj, Adv.
For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Keshav Bhardwaj, learned counsel for the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.
2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Khagaria Town P.S. Case No. 655 of 2016 instituted for the offence under Sections 323, 324, 341, 307, 379 read with Section 34 of the Indian Penal Code.
3. The case of the prosecution is that the informant was returning with his friend Neeraj Kumar towards his house. It is alleged that 5-6 persons stopped him. Specific allegation against this petitioner is that he drew a knife and ordered to kill him. It is further alleged that he gave knife blow, which hit the hand of the informant.
Patna High Court CR. MISC. No.46043 of 2025(2) dt.05-08-2025 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He also submits that the police has submitted final form against him but the learned trial court has taken cognizance against him. He next submits that from perusal of the chargesheet, it transpires that the police has found that there is no evidence of involvement of this petitioner in the occurrence and that the injuries were caused by hard and blunt substance. It has lastly been submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Khagaria Town P.S. Case No. 655 of 2016, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st
Patna High Court CR. MISC. No.46043 of 2025(2) dt.05-08-2025 3/3 Class, Khagaria, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Sudhanshu/- U T