Md. Firoz @ Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58913 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- Baijnathpur District- Saharsa ====================================================== Md. Firoz @ Firoz Alam S/o Rahmatullah Resident of Village- Dhanchhoha, P.S.- Baijnathpur, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-09-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Rabindra Kumar. 2.

The petitioner apprehends his arrest in connection with Baijnathpur P.S. Case No. 50 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 308(2), 74, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

2.

Learned counsel for the petitioner submits the informant alleges that her husband has two wives, from first wife there are four children including the petitioner, further her husband retired from government service and built a house of ten rooms, out of which four rooms are used by the first wife and rest of the rooms are being used by the informant, further on 21-4-2025 the petitioner along with Seema, Khusbu and Nazima

Patna High Court CR. MISC. No.58913 of 2025(2) dt.10-09-2025 2/3 came and all the accused assaulted her and petitioner threatened that if she wants the property then she will have to give 20 lakhs.

3.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the dispute is civil to which a criminal colour has been given. It is further submitted that informant herself alleges that out of ten rooms, she is using six rooms. It is next submitted that since the informant intends to capture the entire house, as such an altercation had taken place and the allegation of assault is alleged only to give serious colour to the case. 4.

Learned APP, Shri Rabindra Kumar, vehemently opposes the anticipatory bail application and submits that informant is step-mother of the petitioner and petitioner carries antecedent of eight serious cases and allegation is of assaulting and threatening given by the petitioner along with his family members. It is also submitted that if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond. 5.

Considering the submissions made by the learned APP and also taking into account the fact that petitioner has

Patna High Court CR. MISC. No.58913 of 2025(2) dt.10-09-2025 3/3 antecedent of eight cases, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 6.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T