Md. Maroof @ Md. Maruf Raza Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Md. Maroof @ Md. Maruf Raza Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: release on arrest or surrender before the learned district court within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Purnea/concerned court, subject to conditions under Section 482(2) of BNSS of 2023; order automatically loses force if antecedent verification reveals involvement in other cases beyond paragraph No.3 of the bail application.

Issue for consideration

Whether the petitioner, accused under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 IPC in K.Hat (Maranga) P.S.Case No.541 of 2021, should be granted pre-arrest bail notwithstanding the grievous injury to the informant's son, given that the injury was not by a sharp cut weapon and is not attributable to the petitioner.

Court's answer

Considering that the injury is not by sharp cut weapon and only one injury has been sustained by the injured, the benefit of doubt can go in favour of the petitioner.

Ratio / Principle

The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within four weeks from the date of the order, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea/concerned court, in connection with K.Hat (Maranga) P.S.Case No.541 of 2021, subject to the conditions laid down under Section 482(2) of BNSS of 2023.

Key takeaways

The learned district court is directed to verify the criminal antecedent of the petitioner; if the petitioner is found involved in some other cases beyond what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.ratio¶21

Detailed headnote1 paragraphs

Pre-arrest bail granted (Purnendu Singh, J, Patna High Court, 08-09-2025) — Petitioner, arraigned under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 IPC in K.Hat (Maranga) P.S.Case No.541 of 2021 (District Purnia) for alleged assault on the informant and his son Chandan Yadav — FIR alleges petitioner held the son by Gamcha and struck his head with a Farsa with intent to kill, while co-accused Md. Jawed allegedly used a hard and blunt substance; case and counter case between parties — Doctor opined the single grievous injury was caused by a hard and blunt substance and is not attributable to the petitioner — Since the injury was not by a sharp cut weapon and only one injury was sustained, benefit of doubt extended to the petitioner — Released on pre-arrest bail on arrest or surrender within four weeks, bail bond Rs.10,000/- with two like sureties to CJM, Purnea, subject to Section 482(2) BNSS 2023 conditions — Order automatically loses force if antecedent verification discloses other cases beyond paragraph No.3 of the bail application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52823 of 2025

Arising Out of PS. Case No.-541 Year-2021 Thana- KHAJANCHI HAT District- Purnia

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

Md. Maroof @ Md. Maruf Raza S/o Md. Zabbar @ Abdul Zabbar R/o village- Vikrampatti, PS- K. Hat (Maranga), District- Purnea

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.N.K.Agrawal, Sr.Advocate Mr.Bidhu Ranjan, Advocate For the Opposite Party/s : Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 08-09-2025

Heard Mr. N.K.Agrawal, learned Senior Advocate

along with Mr. Bidhu Ranjan, learned counsels appearing on behalf of the petitioner and Ms. Anita Kumari, learned APP for the State.

Petitioner seeks pre-arrest bail in connection with K.Hat (Maranga) P.S.Case No.541 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

As per the allegation made in the FIR, the petitioner and another co-accused assaulted the informant and his son, namely, Chandan Yadav.

Learned Senior Advocate appearing on behalf of the petitioner informs that the allegation against the petitioner is

Patna High Court CR. MISC. No.52823 of 2025(2) dt.08-09-2025 2/3

that he had catched hold the son of the informant with Gamcha on his neck and had assaulted him on his head by means of Farsa with an intention to kill. He further informs that similar allegation has been alleged against co-accused Md. Jawed, who has allegedly assaulted with hard and blunt substance. There is case and counter case between the parties.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

As per the opinion of the Doctor, the injury has been caused by hard and blunt substance. It is grievous in nature, however, not attributable to the petitioner. The manner, in which the allegation has been levelled against the petitioner, is that he used Farsa.

Considering the fact that the injury is not by sharp cut weapon and only one injury has been sustained by the injured, the benefit of doubt can go in favour of the petitioner, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea/concerned court, in connection with K.Hat (Maranga)

Patna High Court CR. MISC. No.52823 of 2025(2) dt.08-09-2025 3/3

P.S.Case No.541 of 2021, subject to conditions as laid down under Section 482(2) of BNSS of 2023

The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J)

chn/-

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