IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63654 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- CHHATAPUR District- Supaul ====================================================== 1. Riyaj Khan @ Md Riyaj Khan Son of Late Ajim Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 2. Md. Samsad Khan @ Samsad Khan Son of Md. Alim Khan @ Late Ajim Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 3. Sirjaj Khan @ Seraj Khan Son of Late Ajim Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 4. Md. Tammana Khan @ Md. Tammana Son of Md. Riyajan Khan @ Riyaj Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 5. Salim Khan Son of Sakur Khan @ Sakur Khan Marhum R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 6. Md. Samim @ Md. Samim Khan Son of Salim Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 7. Md. Miraj Khan @ Miraj Khan @ Md. Meraj Khan Son of Salim Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 8. Md. Imtiyaz Khan @ Intimaz @ Imtiyaz Khan Son of Salim Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 9. Md. Dilshad Khan @ Dilshad Khan @ Md. Dilshad Khan Son of Md. Samsad Khan @ Mohammad Shamshad R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 10. Md. Istak Khan @ Istak Khan Son of Md. Shamshad Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 11. Md. Mukhtar Khan @ Mukhtar Khan Son of Md. Samshad Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 12. Md. Guljar Khan @ Guljar Alam @ Md Guljar Son of Md. Samsad Khan @ Shamsad Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 13. Md. Abdul Kalam @ Abdul Kalam Son of Md. Samshad Khan @ Shamshad Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. 14. Md. Anzar @ Anzar Alam @ Md. Anjar Son of Md. Seraj @ Md. Seraj Khan R/o - Madhopur, Ward N0.-1, P.S- Chhatapur, Dist.- Supaul, Bihar, 852137. ... ... Petitioner/s Versus The State of Bihar Patna High Court CR. MISC. No.63654 of 2025(2) dt.18-09-2025 2/5 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Prabhakar, Adv For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 18-09-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Shri Rabindra Kumar. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 190, 126(2), 115(2), 118(1), 118(2), 109(1), 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. 3. Learned counsel for the petitioners submits that at para-3, it has been pleaded that petitioner No. 6 has antecedent of one case but then petitioner No. 7 has also antecedent of one case. It is next submitted that a supplementary affidavit has been filed, wherein it has been specifically pleaded that petitioner Nos. 2, 9 and 11 also have antecedent of one case and rest of the petitioner are persons with clean antecedent and the informant alleges that accused persons came and started abusing, further Md. Riyaz assaulted her by fatta causing fracture of left hand, while Sairaz disrobed her, thereafter Shamshad assaulted by lathi causing injury on back, further Tanobar assaulted her father by farsa causing injury on head and Tammana Khan assaulted Patna High Court CR. MISC. No.63654 of 2025(2) dt.18-09-2025 3/5 him by rod causing fracture of hand and leg, while Irshad assaulted Islamuddin by rod causing injury on head and Dilshad thereafter assaulted him by lathi causing fracture of hand and leg, further Ajaz assaulted Azam by farsa causing injury on head and Anjar assaulted him causing fracture of hand, thereafter Samim assaulted Suveda Khatoon by lathi causing fracture of leg, thereafter Abdul, Istak, Samim and Meraj looted household articles. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that a specific statement has been made at Para-7 of the anticipatory bail application that allegation of assault against the petitioners is general and omnibus in nature, i.e., no specific allegation of assault is alleged against any of the petitioners. 5. The learned APP, Shri Rabindra Kumar, vehemently opposes the anticipatory bail application and submits that a false statement has been made at Para-7 of the anticipatory bail application, when from perusal of the allegation as alleged in the FIR. It would manifest that specific allegation of assault is against petitioner Nos. 1, 2, 4, 6 and14, on which learned counsel for the petitioners submits that Patna High Court CR. MISC. No.63654 of 2025(2) dt.18-09-2025 4/5 inadvertently the said pleading has been made, but then after some arguments seeks permission to withdraw the anticipatory bail application with respect to petitioner Nos. 1, 2, 4, 6 and 14 (Riyaj Khan @ Md Riyaj Khan, Md. Samsad Khan @ Samsad Khan, Md. Tammana Khan @ Md. Tammana, Md. Samim @ Md. Samim Khan and Md. Anzar @ Anzar Alam @ Md. Anjar). 6. Permission is recorded. 7. Accordingly, the anticipatory bail application is dismissed as withdrawn with respect to petitioner Nos. 1, 2, 4, 6 and 14 (Riyaj Khan @ Md Riyaj Khan, Md. Samsad Khan @ Samsad Khan, Md. Tammana Khan @ Md. Tammana, Md. Samim @ Md. Samim Khan and Md. Anzar @ Anzar Alam @ Md. Anjar). . 8. Since no specific allegation of assault is alleged against rest of the petitioners and the allegation against them are general and omnibus in nature, as such the petitioner Nos. 3, 5, 7, 8, 9, 10, 11, 12 and 13 above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor Patna High Court CR. MISC. No.63654 of 2025(2) dt.18-09-2025 5/5 court in connection with Chhatapur P.S. Case No. 46 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. Sumit/- (Satyavrat Verma, J) U T