Afzal Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76607 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.
Afzal Hussain S/o Akram Miyan Resident of village- Inderwan Sakir, PSGopalganj, Distt.- Gopalganj 2.
Kausher Ali S/o Akram Miyan Resident of village- Inderwan Sakir, PSGopalganj, Distt.- Gopalganj 3.
Sahana Khatoon D/o Akram Miyan Resident of village- Inderwan Sakir, PSGopalganj, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Sager Sharma, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard the learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Gopalganj P.S. Case No. 330 of 2024 instituted under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner nos. 1 and 2 are alleged to have stabbed the victim whereas petitioner no. 3 is alleged to have assaulted the victim, Taimul Nesa, with a brick.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case.
5. The learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.76607 of 2024(3) dt.09-02-2026 2/3 for anticipatory bail of the petitioners.
6. Considering the fact that the injury caused by the petitioner no. 3 have been found to be simple in nature and from perusal of the case diary it appears that investigation is continuing and the police may submit final form exonerating the petitioners, in these circumstances, the petitioners are granted anticipatory bail till submission of charge sheet.
7. Let the petitioners, above-named, in the event of his arrest, be released forthwith on bail, on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Arresting Officer or Investigating Officer or the jurisdictional S.H.O. concerned, in connection with Gopalganj P.S. Case No. 330 of 2024 , subject to the conditions as laid down under Section 438 (2) of the Cr.P.C./482 of the B.N.S.S. and further to the condition that the petitioners shall join investigation and shall fully co-operate in the investigation/trial, failing which the concerned court below shall be at liberty to cancel the bail bonds of the petitioner.
8. Needless to state that, if the petitioners fails to abide by the terms and conditions, as stated hereinabove, the State shall be at liberty to file an appropriate application, before the learned concerned court below, for cancellation of bail granted to the petitioner.
9. If the final form/charge sheet is filed and if the
Patna High Court CR. MISC. No.76607 of 2024(3) dt.09-02-2026 3/3 petitioners are aggrieved by the same then the petitioners have liberty to file a fresh anticipatory bail application. (Sandeep Kumar, J) vashudha/- U T