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2025 DAILYLAW 80438 (PAT)

Fajal Khan v. The State of Bihar

CR. MISC./77920/2024 · 2025-01-17

Anjani Kumar Sharan

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76441 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Najami Khan @ Najmi Khan S/O Dalli Khan @ Asad Ali Khan R/O Village- Sikandarpur, P.S- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 76534 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Jivan Khan @ Jivan Kho Son of Late Jiyau Khan@ Late Jiyaudeen Khan Resident of Village- Sikandarpur, P.S.- Chainpur, Distt.- Kaimur at Bhabhua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 76976 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1. Baghel Ansari Son of Amiru Ansari @ Amiruddidn Ansari Resident of Village - Sikandarpur, PS - Chainpur District- Kaimur at Bhabua 2. Dilkes Ansari @ Dilkais Ansari @ Bhantu Son of Amiru Ansari @ Amiruddin Ansari Resident of Village - Sikandarpur, PS - Chainpur District- Kaimur at Bhabua 3. Anis Ansari Son of Amiru Ansari @ Amiruddin Ansari Resident of Village - Sikandarpur, PS - Chainpur District- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 77114 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Patna High Court CR. MISC. No.76441 of 2024(3) dt.17-01-2025 2/5 1. Azad Khan @ Azad Jama Khan @ Ajad Khan S/o- Late Jiyau Khan @ Late Jiauddin Khan Village- Sikandarpur PS-Chainpur District- Kaimur at Bhabua 2. Abdullah Khan S/o- Azad Khan @ Azad Jama Khan @ Ajad Khan Village- Sikandarpur PS-Chainpur District- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 77920 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1. Fajal Khan S/O Pravez Khan R/O Village- Sikandarpur, P.S.- Chainpur, District- Kaimur at Bhabua 2. Faizan Khan S/O Pravez Khan R/O Village- Sikandarpur, P.S.- Chainpur, District- Kaimur at Bhabua 3. Shan Khan S/O Pravez Khan R/O Village- Sikandarpur, P.S.- Chainpur, District- Kaimur at Bhabua 4. Farhan Khan S/O Salid Khan @ Salim Khan @ Shalid Khan R/O Village- Sikandarpur, P.S.- Chainpur, District- Kaimur at Bhabua 5. Gauhar Khan S/O Salid Khan @ Salim Khan @ Shalid Khan R/O Village- Sikandarpur, P.S.- Chainpur, District- Kaimur at Bhabua 6. Salid Khan @ Salim Khan @ Shalid Khan S/O Late Ashraf Zama Khan R/O Village- Sikandarpur, P.S.- Chainpur, District- Kaimur at Bhabua 7. Pravez Khan S/O Late Ashraf Zama Khan R/O Village- Sikandarpur, P.S.- Chainpur, District- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80844 of 2024 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1. Ezaz Khan Son of Late Bala Khan Resident of Village - Sikandarpur, P.S. - Chainpur, District - Kaimur (Bhabua) 2. Wadud Khan @ Badud Jama Khan @ Wajud Khan @ Badud @ Wadud Jama Khan Son of Balal Khan Resident of Village - Sikandarpur, P.S. - Chainpur, District - Kaimur (Bhabua) Patna High Court CR. MISC. No.76441 of 2024(3) dt.17-01-2025 3/5 3. Belal @ Phahimu Jama Khan son of Late Ajiju Jama Khan Resident of Village - Sikandarpur, P.S. - Chainpur, District - Kaimur (Bhabua) ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 76441 of 2024) For the Petitioner/s : Mr.Parwej Khan For the Opposite Party/s : Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 76534 of 2024) For the Petitioner/s : Mr.Parwej Khan For the Opposite Party/s : Mr.Mithlesh Kumar Khare (In CRIMINAL MISCELLANEOUS No. 76976 of 2024) For the Petitioner/s : Mr.Parwej Khan For the Opposite Party/s : Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 77114 of 2024) For the Petitioner/s : Mr.Parwej Khan For the Opposite Party/s : Mr.Mohammed Arif (In CRIMINAL MISCELLANEOUS No. 77920 of 2024) For the Petitioner/s : Mr.Parwej Khan For the Opposite Party/s : Mr.Chandra Sen Prasad Singh (In CRIMINAL MISCELLANEOUS No. 80844 of 2024) For the Petitioner/s : Mr.Kumar Sunil For the Opposite Party/s : Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 3 17-01-2025 As these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 127(1), 115(2), 117(2), 109, 103(1), 352 & 3(5) of the B.N.S. and Patna High Court CR. MISC. No.76441 of 2024(3) dt.17-01-2025 4/5 Sections 25(1-b)a, 26 & 35 of the Arms Act. 3. As per the prosecution case, the allegation against all accused persons including the petitioners is that they fired upon the nephew of the informant due to which he sustained gunshot injury and died. 4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific allegation against the petitioners. He further submits that there is specific allegation of firing upon the deceased is made against Mohsin Khan and Khalik Khan. He submits that there is case and counter case between the parties and petitioners’ side have also sustained injuries and the informant has been granted anticipatory bail by this Court in the counter case. Petitioners have criminal antecedents as mentioned in para-3 of this application. 5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that prayer for anticipatory bail of similar co-accused persons have been rejected by this Court vide order dated 12.12.2024 passed in Cr. Misc. No.85213 of 2024. Patna High Court CR. MISC. No.76441 of 2024(3) dt.17-01-2025 5/5 6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chainpur P.S. Case No.267 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S.. anand/- (Anjani Kumar Sharan, J) U T