IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89048 of 2024 Arising Out of PS. Case No.-321 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1. Saifullah Khan @ Shafiullah Khan Son of Late Yunus Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 2. Mintu Khan son of Amzad Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 3. Jishan Khan son of Bhuttu Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 4. Lal Mohamad Khan son of Rafik Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 5. Ali Hassan Khan son of Late Mokhtar Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 6. Bhuttu Khan son of Rafik Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 7. Amir Khan son of Mazid Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 8. Haidar Khan Son of Samsul Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 9. Azad Khan @ Ahad Khan Son of Late jan Mohammad Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 10. Shakil Khan son of Late Mokhtar Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 11. Salam Khan son of Late Rajak village- Nakardei, Ps- Sugauli, Dist- East champaran 12. Nezam Khan son of Late Raja Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 13. Tegar Khan son of Late Nezam Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 14. Sallu Khanum wife of Naeem Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 15. Naeem Khan Son of Late Amanullah Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 16. Mazid Khan son of Rafik Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 17. Bachu Khan @ Bacchu Khan son of Late Basir Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 18. Asgar Khan son of Wakil Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 19. Aman Khan son of Naeem Khan village- Nakardei, Ps- Sugauli, Dist- East champaran 20. Azam Khan son of Naeem Khan village- Nakardei, Ps- Sugauli, Dist- East Patna High Court CR. MISC. No.89048 of 2024(2) dt.08-01-2025 2/6 champaran 21. Samsul Khan son of Idris Khan village- Nakardei, Ps- Sugauli, Dist- East champaran ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Ansul Kumar, Advocate For the Informant : Mr. Krishna Kant Singh, Advocate For the State : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 08-01-2025 Heard Mr. Ansul Kumar, the learned counsel for the petitioners, Mr. Krishna Kant Singh the learned counsel for the informant and Mr. Sanjay Kumar Singh, the learned Additional Public Prosecutor for the State. 2. After some arguments, learned counsel for the petitioners seek permission to withdraw the anticipatory bail application with respect to petitioner no. 19 namely, Aman Khan. 3. Permission, as prayed for, is accorded. 4. Accordingly, the anticipatory bail application with respect to petitioner no. 19, namely, Aman Khan is dismissed as withdrawn. 5. The petitioner nos. 1 to 18 and 20 to 21 are apprehending their arrest in connection with Sugauli PS Case No. 321 of 2024, FIR dated 19.07.2024, registered for the Patna High Court CR. MISC. No.89048 of 2024(2) dt.08-01-2025 3/6 offences punishable under Sections 126(2), 115, 118(1), 117(2), 109, 303(2) and 3(5) of the Bhartiya Nayay Sanhita, 2023 and under Section 27 of Arms Act. 6. According to the prosecution case, while the informant’s husband, family members and other villagers were participating in religious procession, the co-accused persons with an intention to kill, assaulted informant’s husband and other family members. 7. Learned counsel for the petitioner nos. 1 to 18 and 20 to 21 fairly submits that there is case and counter case between the parties and although petitioner nos. 1 to 18 and 20 to 21 are named in the FIR and there are specific allegations against them and as per allegation in the FIR, petitioner no. 2 namely, Mintu Khan has assaulted to Junaid Khan, however, injury report of Junaid Khan suggests that injury is simple in nature and petitioner no. 3 namely, Jishan Khan has assaulted to Ekrar Khan and injury report of Ekrar Khan also suggests that injury is simple in nature and petitioner no. 7 namely, Amir Khan also assaulted to Ekrar Khan and injury is also simple in nature and petitioner no. 14 namely, Sallu Khanum is the order giver and as far as petitioner no. 15 namely, Naeem Khan is concerned, he has assaulted to one Tabrej Khan and although Patna High Court CR. MISC. No.89048 of 2024(2) dt.08-01-2025 4/6 Tabrej Khan has received the injury, but injury is simple in nature and petitioner no. 16 namely, Mazid Khan has assaulted to Jamshed Khan and as far as petitioner no. 21 namely, Samsul Khan is concerned, although he has assaulted to Tabrej Khan, and the injury report of Tabrej Khan suggests that injury is grievous in nature, but due to arm fracture he has received the injury which is not on the vital part of the body. He lastly submits that as far as rest of the petitioners are concerned, there is no specific allegation of any assault or overt act, rather there is general and omnibus allegations against them. 8. The learned counsel for the informant as well as the learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner nos. 1 to 18 and 20 to 21 and submits that petitioner nos. 1 and 15 have three criminal antecedents and petitioner nos. 20 and 21 have two criminal antecedents, however, he fairly submits that petitioner nos. 2 to 14 and 16 to 18 have clean antecedents. 9. Considering the aforesaid facts and circumstances and mainly the fact that injury received on the injured persons is found to be simple in nature, let the petitioner nos. 1 to 18 and 20 to 21, above-named, in the event of their arrest or surrender Patna High Court CR. MISC. No.89048 of 2024(2) dt.08-01-2025 5/6 before the learned trial Court, within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class, East Champaran at Motihari, where the case is pending in connection with Sugauli PS Case No. 321 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also the following conditions: (i). Petitioner nos. 1 to 18 and 20 to 21 shall co- operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the learned trial Court. (ii). If the petitioner nos. 1 to 18 and 20 to 21 tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner nos. 1 to 18 and 20 to 21 and in case, at any stage, it is found that the Patna High Court CR. MISC. No.89048 of 2024(2) dt.08-01-2025 6/6 petitioner nos. 1 to 18 and 20 to 21 have concealed their criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner nos. 1 to 18 and 20 to 21. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Shahnawaz/- (Rajesh Kumar Verma, J) U T