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2025 DAILYLAW 107464 (PAT)

Sakib Khan @ Kasib Khan @ Salu v. The State of Bihar

CR. MISC./83379/2025 · 2025-12-18

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83379 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- GARKHA District- Saran ====================================================== Sakib Khan @ Kasib Khan @ Salu, S/o Zafrul Haque Khan, R/o- Village- Raghupur, P.S.- Garkha, District-Saran. At present R/o- House No.-182, Cross Road No. 7, GulzarLine, Zakir Nagar, Mango, Jamshedpur P.O. P.S.- AzadNagar, District- East Singhbhum, Jharkhand ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anjani Parashar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP For the Informant : Mr. Thakur Brajesh Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 18-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State as well as learned Advocate for the informant. 2. The petitioner apprehends his arrest in connection with Garkha P.S. Case No. 163 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 303(2), 329(3), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita. 3. While the accused persons were trying to capture the land of the informant and in protest of which the application has been filed before the concerned police station and the police personnel enquired about the matter on 08.03.2025. This Patna High Court CR. MISC. No.83379 of 2025(2) dt.18-12-2025 2/3 infuriated the accused persons and in the next morning they came at the door of the informant and started abusing. When protest was made, the petitioner alongwith co-accused Wasim Khan brutally assaulted him by means of sharp edged weapon and iron rod, due to which he sustained serious injury. The father of the informant also came to his rescue; he was also assaulted. There is further allegation of snatching of valuables. 4. Learned Advocate appearing on behalf of the petitioner submitted that the parties are agnates and they are bickering over the land dispute, which resulted into some scuffle and unfortunate injuries. Moreover, the injuries which are allegedly sustained to the informant and his father are concerned, the same do not corroborate the allegation, inasmuch as, the injuries sustained to the informant and his father are found to be simple in nature. The petitioner is a man of fair antecedent and he undertakes that he will cooperate in the proceeding of the Court. 5. On the other hand, learned Advocate for the State and the informant vehemently opposed the pre-arrest bail application and submits that because of the assault being made by the petitioner alongwith his brother, the informant and his father has sustained serious injury and they have also threatened Patna High Court CR. MISC. No.83379 of 2025(2) dt.18-12-2025 3/3 them with dire consequences. 6. Regard being had to the submissions made on behalf of the parties and considering the nature of accusation qua the simple nature of injury besides the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Saran at Chapra in connection with Garkha P.S. Case No. 163 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. supratim/- (Harish Kumar, J) U T