Sarfraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69461 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- ISLAMPUR District- Nalanda ====================================================== 1.
Sarfraj S/o Late Sattar R/o Village - Usamambag, Ward no.- 21, Islampur, P.S - Islampur, District - Nalanda 2.
Md. Firaj @ Firoj S/o Late Sattar R/o Village - Usamambag, Ward no.- 21, Islampur, P.S - Islampur, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Islampur P.S. Case No. 66 / 2025 dated 06.02.2025 registered under Sections 326(g), 3(5) of the B.N.S.
3. As per the prosecution case the informant is the owner of motor garage situated at Mauza- Ushmani Bag, Ward No. 2 under Islampur P.S. It has been alleged that on 05.02.2025 at about 7:00 P.M. he closed his garage and returned back to his home. At about 11:30 P.M. in the night the informant received information from one of his friends that someone has set his garage on fire. The informant reached near his garage immediately and saw that his garage was burning and the local
Patna High Court CR. MISC. No.69461 of 2025(2) dt.08-10-2025 2/3 people were trying to douse the fire with water. The fire engulfed three vehicles standing in the garage. It has further been alleged that petitioners and other accused persons had told him to vacate the garage from the road and had also threatened him to kill if the garage is not removed. He has raised suspicion that the petitioners have set ablaze his garage.
4. Learned counsel for the petitioners submits that petitioners have been made accused in this case on the basis of suspicion only. During the course of investigation as would be evident from the impugned order in which it has come that one of the witnesses has said that soon after the occurrence the petitioners were seen running away from the place of occurrence. No body has seen the petitioners setting the garage of the informant on fire. The petitioners are own brothers and all the three brothers have been made accused in the present case. One of the brothers of the petitioners was arrested during pendency of anticipatory bail before the learned court below and has been granted regular bail by this Court.
5. Regard being had to the submission made by the parties and taking into consideration the nature of allegation against the petitioners, I am inclined to grant anticipatory bail to the petitioners.
Patna High Court CR. MISC. No.69461 of 2025(2) dt.08-10-2025 3/3
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Hilsa, Nalanda in connection with Islampur P.S. Case No. 66 / 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T