Patna High CourtCR. MISC./51709/2026bail granted

Arif Raja v. The State Of Bihar

2026-07-29Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51709 of 2026 Arising Out of PS. Case No.-185 Year-2026 Thana- MIRGANJ District- Gopalganj ====================================================== Arif Raja Son of Md. Babujan Resident of Village- Ujranarayanpur, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Mirganj P.S. Case No. 185 of 2026 (incorrectly mentioned as 2025 in the petition) as per F.I.R. dated 19.03.2026 registered for the offence punishable under Section/s 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the accusation against the petitioner is of stabbing over the abdomen of the Informant's stomach due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Counsel for the petitioner, by referring to the compromise petition appended with the instant anticipatory bail

2/4 application as Annexure-2, submits that the issues have been resolved between the parties and both are neighbors and the said compromise was placed before the District and Sessions Judge, Gopalganj during course of pursuing the anticipatory bail application filed by this petitioner and, ignoring such compromise arrived between the parties, the prayer for anticipatory bail has been rejected. It is the case of the petitioner that though both the parties are poor and earn their livelihood by operating e-Rickshaw in the local areas. Counsel for the petitioner, without accepting his guilt, proposes to pay Rs. 10,000/- to the victim/informant towards medical treatment which the victim is said to have received towards injuries sustained. Counsel for the petitioner further submits that the petitioner is ready to cooperate with the investigation if released on anticipatory bail. Lastly, it is submitted that the petitioner is a person of clean antecedent.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Having heard learned counsel for the parties and considering the fact that the parties have compromised the issue, the petitioner, without admitting guilt, is willing to pay Rs.10,000/- to the victim towards his medical expenses and that

3/4 the petitioner has no antecedent, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 185 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty

4/4 to take steps for cancellation of his bail bonds.

7. The learned court below is also directed to verify the compromise stated to have been arrived at between the petitioner and the Informant by securing their presence at the time of acceptance of the petitioner's bail bond. (Ajit Kumar, J) rishi/- U T