Md. Farooque @ Farooque Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2809 of 2026

Arising Out of PS. Case No.-100 Year-2024 Thana- SIKTI District- Araria

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Md. Farooque @ Farooque Son of Late Ajid Resident Of Village- Aambari, Ward No 12, Police Station- Sikty, District -Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh For the Opposite Party/s : Mr.Syed Ehteshamuddin ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 04-02-2026

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Heard learned Advocate for the petitioner and learned

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Advocate for the State.

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The petitioner apprehends his arrest in connection with Sikty P.S. Case No.100 of 2024 registered for the offences punishable under Sections 341, 323, 324, 354B, 427, 307, 379, 504, 506/34 of the Indian Penal Code.

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Allegedly, on the fateful day, while the cattle were grazing in the field of the informant, she caught hold one of the cattle and brought to her house, which infuriated the accused persons, who variously armed rushed to the house of the informant and brutally assaulted by means of lathi, danda and iron rod, due to which seven persons were sustained injuries, including the informant.

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Learned Advocate for the petitioner, taking this

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Patna High Court CR. MISC. No.2809 of 2026(2) dt.04-02-2026 2/3

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Court through the FIR, contended that save and except the omnibus nature of allegation, there is no material on record nor any injured persons have disclosed that the petitioner has specifically assaulted. The genesis of the occurrence is a land dispute and both the parties are claiming ownership over the land in question, which resulted into a free fight, wherein persons of both the sides have sustained injuries, besides lodging of the case and counter case being Sikty P.S. Case No.98 of 2024, which is on the earlier point of time. The injury report of all the injured have been placed on record as Annexure-P/3 series. Referring thereto, it is submitted that all the injured have sustained simple injuries. Taking note of the aforesaid facts, other co-accused persons, who are also facing identical allegation, have been allowed the privilege of anticipatory bail by this Court in Cr. Misc. No. 91206 of 2025 vide order dated 15.01.2026; copy of the order is placed on record. It is lastly contended that be that as it may, the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the proceedings of the Court.

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On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that in the said occurrence, altogether seven persons have sustained

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Patna High Court CR. MISC. No.2809 of 2026(2) dt.04-02-2026 3/3

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injuries and the petitioner has actively participated in the crime.

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Having considered the submissions set forth by the learned Advocate for the respective parties and considering the genesis of the occurrence, besides the factum of case and counter case as well as the simple nature of injuries and the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below 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 Judicial Magistrate 1^st Class/Successor Court, Araria in connection with Sikty P.S. Case No.100 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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Anjani/-

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U T

Md. Farooque @ Farooque v. The State of Bihar

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Md. Farooque @ Farooque v. The State of Bihar

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