Md. Irfan @ Zafar Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12324 of 2025 Arising Out of PS. Case No.-36 Year-2024 Thana- Bargaon District- Darbhanga ====================================================== 1.

Md. Irfan @ Zafar Irfan Son of Md. Usman @ Mulana Usman Resident of Village - Bargaon, P.S. - Bargaon, District - Darbhanga 2.

Sarfe Alam @ Md. Sarfe Alam Son of Md. Ajij Alam @ Ajij Alam Resident of Village - Bargaon, P.S. - Bargaon, District - Darbhanga 3.

Md. Jugnu @ Rahees Alam Son of Md. Saud Resident of Village - Bargaon, P.S. - Bargaon, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Abdus Shakoor, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered under Sections 191(2), 126(2), 115(2), 118(1), 117(2), 109, 303(2), 324(5), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, all the F.I.R. named accused persons including these petitioners assaulted the informant and her family members, as a result of which they sustained injuries.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.12324 of 2025(2) dt.04-04-2025 2/3 petitioners are innocent and have been falsely implicated in this case due to village politics. Further submission is that both parties are co-villagers and next door neighbours. The First Information Report has been lodged after an inordinate delay of four days against 28 accused persons including these petitioners. It is next submitted that the prosecution side are aggressor and have attacked on the petitioners side causing grievous injury to one Aftab Alam. Injuries allegedly caused by these petitioners are simple in nature. Petitioner nos. 2 and 3 have got no criminal antecedent. Petitioner no. 1 has got one criminal antecedent. Petitioners undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions advanced on behalf of the parties and the nature of injuries allegedly caused by these petitioners, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned J.M.-I, Biroul, Darbhanga in connection with Bargaon P.S. Case No. 36 of 2024, subject to

Patna High Court CR. MISC. No.12324 of 2025(2) dt.04-04-2025 3/3 the conditions laid down in Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T