Sarfaraz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4363 of 2026 Arising Out of PS. Case No.-229 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== 1.

Sarfaraz Alam S/O Firoz Miyan Resident of Village- Bara Auraiya, P.SAdapur, Distt.- East Champaran. 2.

Sahnawaz Alam S/O Firoz Miyan Resident of Village- Bara Auraiya, P.SAdapur, Distt.- East Champaran. 3.

Nasiba Khatoon W/O Firoz Mian Resident of Village- Bara Auraiya, P.SAdapur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 126(2), 115(2), 118(1), 117(2), 103(1), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, in brief, is that on 19.06.2025 at about 10:00 PM, all the accused persons named in the F.I.R. including these petitioners, armed with Rod, Farsa and Lathi, came at the house of informant and started abusing and on protest made by the father of informant, on the order of

Patna High Court CR. MISC. No.4363 of 2026(2) dt.11-02-2026 2/3 petitioner no. 1, co-accused Sohail Alam assaulted him with Iron rod on his head, due to which he sustained head injury. It is further alleged that when the informant went to save his father, petitioner no.1 assaulted him with Iron rod, due to which, he sustained injury on his head and when informant's brother came to rescue, co-accused Arman Alam assaulted him with Lathi, due to which he sustained head injury. In course of treatment, father of informant died.

4. Learned counsel for the petitioners submits that on account of property dispute, free-fight took place between the parties, in which, both sides sustained injuries. Case and counter case. Specific accusation of assault on the head of father of informant with iron rod is against co-accused Sohail Alam. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Motihari, East Champaran

Patna High Court CR. MISC. No.4363 of 2026(2) dt.11-02-2026 3/3 in connection with Adapur P.S. Case No. 229 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T