IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27132 of 2026 Arising Out of PS. Case No.-727 Year-2025 Thana- DHAKA District- East Champaran ====================================================== 1. Asadullah Khan @ Asdullah Khan S/o Rahamtullah Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 2. Karamtullah Khan S/o Rahamtullah Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 3. Sahabuddin Khan S/o Salauddin Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 4. Kyamuddin Khan S/o Wahedin Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 5. Ayetullah Khan S/o Ajmatullah Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 6. Gulmullah Khan S/o Ajmattullah Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 7. Adaut Khan @ Aadat Khan S/o Makki Ahmad Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 8. Muski Khan S/o Wakil Ahmad Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 9. Sahid Khan @ Shahid Khan S/o Wahedin Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. 10. Ajamatullah Khan S/o Husnain Khan R/o Village - Padari, P.S - Dhaka, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Eashita Raj, Advocate For the Opposite Party/s : Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 28-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. 2. The accused/petitioners named in FIR and apprehending their arrest in connection with Dhaka P.S. Patna High Court CR. MISC. No.27132 of 2026(2) dt.28-04-2026 2/4 Case No. 727 of 2025 registered for the offences punishable under Sections 191(1), 126(1), 115(1), 109(1), 74 of Bhartiya Nayay Sanhita. 3. As per FIR, all petitioners alongwith further 10 named accused persons i.e. total of 20 persons assaulted informant and her husband and other family members, causing head and bodily injuries. A firing was also made for creating terror. 4. It is submitted by learned counsel appearing on behalf of the petitioners that except petitioner no. 9, namely, Sahid Khan, all petitioners are only members of mob and they not alleged to attribute any overt act during the occurrence. It is pointed out that even the allegation against Sahid Khan as to drag the informant by holding her hair alongwith three more co-accused persons is also not convincing and same is appearing very much general and omnibus in nature. 5. Arguing further, it is submitted by learned counsel that occurrence took place due to neighbouhood disputes and differences, for which the petitioner’s side Patna High Court CR. MISC. No.27132 of 2026(2) dt.28-04-2026 3/4 lodged the case at its first instance, which was registered as Dhaka P.S. Case No. 726/2025 and to counter the same, the present false case was lodged. It is submitted that occurrence is free fight in nature, therefore, it can be safely said that the petitioners were not under intention to cause death of the injured/informant. Petitioner's side also received injuries during the occurrence. 6. Explaining criminal antecedent, it is submitted that petitioner no. 1 found involved in one more criminal case, where he is on bail and petitioner no. 10 found involved in two more criminal cases, where he is also on bail. 7. Learned APP opposed the prayer of bail. 8. In view of aforesaid factual submissions and by taking note of fact as allegation against petitioner nos. 1 to 8 and further petitioner no. 10 is only of part of mob without attributing any overt act, whereas the nature of allegation against petitioner no. 9, namely, Sahid Khan, as discussed aforesaid is also appearing very much general and omnibus in nature, accordingly, all above named ten petitioners, in the event of their arrest or surrender before the learned trial Patna High Court CR. MISC. No.27132 of 2026(2) dt.28-04-2026 4/4 Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., East Champaran at Motihari/concerned Court, where the case is pending in connection with Dhaka P.S. Case No. 727 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS. veena/- (Chandra Shekhar Jha, J) U T