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2025 DAILYLAW 83282 (PAT)

Bijul Khan @ Sarvar Khan v. The State of Bihar

CR. MISC./85345/2024 · 2025-02-25

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.85345 of 2024 Arising Out of PS. Case No.-320 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1. Bijul Khan @ Sarvar Khan Son of Late Salam Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 2. Haji Mansur Khan @ Mansoor Khan Son of Late Wasi Ahmad Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 3. Tabrej Khan @ Dr. Tabrej Khan @ Md. Tabrej Khan Son of Mansur Khan @ Haji Mansur Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 4. Imteyaj Khan Son of Mansur Khan @ Haji Mansur Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 5. Ekrar Khan Son of Late Salam Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 6. Ibrar Khan Son of Late Salam Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 7. Junaid Khan Son of Mojahir Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 8. Shamim Ahmad Son of Najimudin Miya Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 9. Garib Khan @ Manjar Alim @ Manjar Alim khan Son of Hakik Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran 10. Janbaj Khan Son of Alamgir Khan Resident of Village- Nakardei, P.S.- Sugauli, District- East Champaran ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Krishna Kant Singh, Advocate For the Opposite Party/s : Mr.Raj Ballabh Singh, A.P.P. Mr. YC Verma, Senior Advocate Mr. Anuj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 25-02-2025 Heard learned counsel for the petitioners, the State and the informant. 2. Petitioners apprehend arrest in a case registered for Patna High Court CR. MISC. No.85345 of 2024(3) dt.25-02-2025 2/3 the offence punishable under sections 191(2), 191(3), 190, 329(3), 126(2), 115, 118(1), 109, 74, 76, 324(4) and 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, on the alleged date and time of the occurrence, all the FIR named accused persons including these petitioners, armed with rifle, country made pistol, sword, farsa and lathi, came to the house of the informant and assaulted the informant and other villagers. Accused persons also made indiscriminate firing. In the assault and firing, six persons sustained injuries. 4. It is submitted on behalf of the petitioners that petitioner no. 8 is ex-mukhia and due to political rivalry between the parties free fight took place between the parties in which both sides sustained injuries. As a mater of fact, informant side was aggressor. Injuries caused by the petitioners were simple in nature. 5. Learned counsel for the State as well as the informant oppose the prayer for bail. 6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing Patna High Court CR. MISC. No.85345 of 2024(3) dt.25-02-2025 3/3 bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Motihari, East Champaran in Sugauli Police Station Case No. 320 of 2024, subject to the conditions laid down under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023. Shashi (Prabhat Kumar Singh, J) U T