Md. Farhan Alam @ Farhan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89070 of 2025 Arising Out of PS. Case No.-373 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Md. Farhan Alam @ Farhan Alam Son of Md.l Tikluddin Resident of VillageTurkaili Ward No. 11, P.S.- Jokihat, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-01-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Jokihat Police Station Case No. 373 of 2023, dated 06.08.2023, disclosing offences punishable under Sections 353/224 of the Indian Penal Code and Sections 25 (1-b)a/26 of the Arms Act.

3. The prosecution case, as per the First Information Report lodged on the basis of the fardeyan of Suresh Lal Tatma, the Chowkidar, is that in course of patrolling, he saw one motorcycle rider in accidental condition and when the informant reached near the place of occurrence, he found one person fallen on the ground, who disclosed his name as the petitioner and from his waist, a country made pistol was recovered. When the informant was taking him to the

Patna High Court CR. MISC. No.89070 of 2025(2) dt.15-01-2026 2/2 Police Station on his motorcycle, near Jitu Chowk, the petitioner fled away.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that the petitioner met with an accident at the place of occurrence and he was in unconscious condition, due to which he was first treated at Sadar Hospital, Araria and thereafter at Katihar Medical College and Hospital, Katihar. The petitioner is still under treatment in Delhi. He next submits that the seizure list was prepared at the Police Station at the instance of the informant.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner was arrested at the spot and later on he fled away while going to the Police Station, this anticipatory bail is not maintainable.

6. This application is, accordingly, dismissed, as not maintainable.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √