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2026 DAILYLAW 30825 (PAT)

Md. Asif @ Md Ashif Khan v. The State of Bihar

CR. MISC./6129/2026 · 2026-02-04

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6129 of 2026 Arising Out of PS. Case No.-556 Year-2024 Thana- SIMRI BAKHTIYARPUR District- Saharsa ====================================================== 1. Md. Asif @ Md Ashif Khan S/O Late Ishtekhar Khan R/O Village- Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar. 2. Md. Imran Khan @ Imran Khan S/O Late Ayub Khan R/O Village- Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar. 3. Md. Rashid Khan @ Rashid Khan @ Md Rashid S/O Md Imran Khan @ Imran Khan R/O Village- Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar. 4. Md. Akbar Khan @ Md Akbar S/O Late Ishtekhar Khan R/O Village- Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar. 5. Kamar Khan @ Md Kamran Khan S/O Md. Imran Khan @ Imran Khan R/O Village- Sitanabad, Ward No.-02, P.S- Simri Bakhtiyarpur, Distt.- Saharsa, Bihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Amarnath Jha, Advocate For the State : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 04-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 308(3), 352 and 3(5) of the B.N.S.. 3. As per prosecution case, it is alleged that all F.I.R. named accused persons, including these petitioners, committed maar-peet with the informant by means of lathi and danda. It is Patna High Court CR. MISC. No.6129 of 2026(2) dt.04-02-2026 2/3 further alleged that the accused persons also demanded ransom of Rs. 2,00,000/-. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case due to political rivalry. As a matter of fact, the present case is counter-blast of Simri Bakhtiyarpur P.S. Case No. 555 of 2024 which was lodged on 10.12.2024 by Petitioner No. 3 against informant and others and only with a view to save their skin from the aforesaid case, this false and concocted case has been lodged. Moreover, allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Doctor has found the injuries, allegedly caused by these petitioners, simple in nature. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, nature of injuries allegedly caused by these petitioners and clean antecedents of the Patna High Court CR. MISC. No.6129 of 2026(2) dt.04-02-2026 3/3 petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in connection with Simri Bakhtiyarpur P.S. Case No. 556 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T