Md. Faruque @ Bholu @ Faruque Khan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Md. Faruque @ Bholu @ Faruque Khan Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory-type enlargement on bail: petitioners to be enlarged on bail in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned ACJM, Sherghati, District Gaya, in connection with Barchatti P.S. Case No. 777 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, who apprehend arrest in Barchatti P.S. Case No. 777 of 2021 for offences punishable under sections 341, 342, 323, 324, 379, 307, 504, 506 and 34 of the Indian Penal Code, should be enlarged on bail in the event of arrest or surrender.

Court's answer

Considering the simple nature of the injury sustained by the informant and the clean antecedent of the petitioners, the petitioners are to be enlarged on bail in the event of arrest or surrender within six weeks from the date of the order.

Ratio / Principle

The bail is conditional on furnishing a bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned ACJM, Sherghati, District Gaya, in connection with Barchatti P.S. Case No. 777 of 2021.

Key takeaways

The enlargement on bail is subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail (Patna High Court, Prabhat Kumar Singh, J., 09-04-2024): Four petitioners (members of one family) apprehending arrest in Barchatti P.S. Case No. 777 of 2021, District Gaya, registered for offences under sections 341, 342, 323, 324, 379, 307, 504, 506 and 34 IPC, sought pre-arrest bail. Prosecution alleged that the petitioners, with other co-accused armed with swords, lathi and tangi, assaulted the informant, who sustained an injury certified simple; case and counter-case; petitioners claimed clean antecedent. Considering the nature of the injury and the petitioners' clean antecedent, the Court directed that, in the event of arrest or surrender within six weeks, the petitioners be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Sherghati, District Gaya, subject to the conditions under section 438(2) CrPC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78365 of 2023

Arising Out of PS. Case No.-777 Year-2021 Thana- BARACHATTI District- Gaya

======================================================

MD. FARUQUE @ BHOLU @ FARUQUE KHAN S/O MD. KHALIKUJAJMA KHAN @ KHALIQUE KHAN @ KHALIKUZAMA. R/O VILLAGE- SONDIHA @ SONADIH, P.S- BARACHATTI, DISTT.GAYA.

MD. MUNNA @ SADIQUE KHAN S/O MD. KHALIKUJAJMA KHAN @ KHALIQUE KHAN @ KHALIKUZAMA. R/O VILLAGE- SONDIHA @ SONADIH, P.S- BARACHATTI, DISTT.- GAYA.

MD. KASHIF @ KASHIF KHAN S/O MD. KHALIKUJAJMA KHAN @ KHALIQUE KHAN @ KHALIKUZAMA R/O VILLAGE- SONDIHA @ SONADIH, P.S- BARACHATTI, DISTT.- GAYA.

MOSARRAT ARA @ MOSARAT KHANAM W/O MD. KHALIKUJAJMA KHAN @ KHALIQUE KHAN @ KHALIKUZAMA. R/O VILLAGESONDIHA @ SONADIH, P.S- BARACHATTI, DISTT.- GAYA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 09-04-2024

Heard learned counsel for the petitioners and the

State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 342, 323 , 324, 379, 307, 504, 506 and 34 of the Indian Penal Code .

As per the prosecution case, on the alleged date and time of occurrence, these petitioners, along with other coaccused persons, were armed with swords, lathi and tangi are

Patna High Court CR. MISC. No.78365 of 2023(3) dt.09-04-2024 2/2

alleged to have assaulted the informant, as a result of which he sustained injury. The doctor has found the injury simple in nature. Case and counter-case. Petitioners claim clean antecedent.

Considering the nature of injury and clean antecedent of these petitioners, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM , Sherghati, District - Gaya in connection with Barchatti P.S. Case No. 777 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J)

Koushik/-

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