Sarfuddin Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64182 of 2025 Arising Out of PS. Case No.-728 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sarfuddin Ali S/o Ash Mohammad @ Aash Mohammad Resident of VillageTirbirwan, P.S.- Gopalganj, Distt- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Gopalganj P.S. Case no. 728 of 2023 registered for the offence punishable under sections 307, 341, 323 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the three named accused persons including the petitioner herein came variously armed and started to assault the informant. It is further stated that as a result of assault by the coaccused Avval Hamidi the informant sustained injuries on his head. He was taken for treatment by the co-villagers to the Government hospital.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.64182 of 2025(2) dt.17-09-2025 2/2 the petitioner has been falsely implicated in the case over a trivial dispute relating to some fight between the children. It is further stated that the allegation against the petitioner is general and omnibus in nature while the specific allegation of assault on the head of the informant is on the coaccused. Referring to the order of the learned Court below, it is submitted that the said injuries have also been found to be simple in nature.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. together with the petitioner not having any criminal antecedent, in the facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Gopalganj P.S. Case no. 728 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj.

Bibhash/- (Partha Sarthy, J) U T