Patna High Court
CR. MISC./57579/2026 of Md. Irfan Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57579 of 2026 Arising Out of PS. Case No.-93 Year-2026 Thana- SOHSARAI District- Nalanda ====================================================== 1. Md. Irfan S/o Naushad R/o Villalge - Kharjam, P.S. - Sohsarai, Dist. - Nalanda. 2. Md. Rizwan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57579 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- SOHSARAI District- Nalanda ======================================================
1.
Md. Irfan S/o Naushad R/o Villalge - Kharjam, P.S. - Sohsarai, Dist. - Nalanda.
2.
Md. Rizwan S/o Md. Naushad R/o Villalge - Kharjam, P.S. - Sohsarai, Dist.
- Nalanda.
3.
Md. Guddu S/o Md. Aslam R/o Villalge - Kharjam, P.S. - Sohsarai, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s :
Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
19-08-2026 Heard Mr. Raj Kishor Prasad, learned counsel for the petitioners and the State.
2. The petitioners are apprehending their arrest in connection with Sohsarai P.S. Case No. 93 of 2026 for the offence under sections 126(2), 115(2), 109(1), 352, 351(2) and 3(5) of the BNS lodged on 01.04.2026 by the informant, Md. Tanzim.
3. As per the prosecution story, the informant alleged that due to dispute relating to the flow of water, the accused persons armed variously came and assaulted which followed his shifting to the Sadar Hospital, and thereafter, the FIR.
4. Learned counsel for the petitioners submit that minor scuffle between the parties on the dispute led to the FIR with exaggerated allegation. Omnibus allegation is there and injury has been found to be simple in nature. Further, the submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant’s side has alleged injuries, the petitioners, jointly, on their own, would like to contribute Rs. 5,000/- towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the ‘NAZARAT’ of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP opposes the prayer submitting that they have criminal antecedent.
6. Taking into account the submissions of the parties as also that the injury has been found to be simple in nature, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions subject to payment of Rs. 5,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court which shall be handed over to the informant.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda/concerned Court in connection with Sohsarai P.S. Case No. 93 of 2026 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for six months to mark their attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
Adnan/- (Rajiv Roy, J) U T