Kaif Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68723 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Kaif Alam, S/O Late Kamare Alam R/O Village- Jhitakahiya, P.S.- Lakhaura, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar No. III, Advocate Mr. Raki Alam Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP For the Informant :
Mr. Manu Kumar, Advocate Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned Additional Public Prosecutor appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The accused/petitioner apprehending his arrest in connection with Anticipatory Bail Petition No. 2807/2025 arising out of Lakhaura P.S. Case No. 48 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352 and 3(5) of Bhartiya Nayay Sanhita.
3. As per FIR, petitioner alongwith other co-accused persons assaulted informant and others by inflicting knife, which caused injury on head and lip of the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that in fact informant is the cousin brother
Patna High Court CR. MISC. No.68723 of 2025(4) dt.29-01-2026 2/3 of the petitioner and after passing intermediate examination they were playing cricket together, where quarrel surfaced and out of said quarrel which was free fight in nature, parties received injuries. It is submitted that upon medical examination the injury as alleged inflicted by the petitioner found simple in nature and, as such, allegation that petitioner was under intention to cause death to informant/injured prima facie not appears convincing. Petitioner is a man of clean antecedent.
5. Learned APP, duly assisted by learned counsel Mr. Manu Kumar, appearing on behalf of the informant, while opposing the prayer of bail submitted that assault is repeated as two injuries was found but fairly conceded that upon medical examination, same was found simple in nature.
6. In view of aforesaid factual submissions and by taking note of fact as injury upon medical examination found simple in nature, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-2, East Champaran, Motihari/concerned Court, where the case is pending in connection
Patna High Court CR. MISC. No.68723 of 2025(4) dt.29-01-2026 3/3 with Anticipatory Bail Petition No. 2807/2025 arising out of Lakhaura P.S. Case No. 48 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J) veena/- U T