Shoaib Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4774 of 2025 Arising Out of PS. Case No.-286 Year-2024 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.
Shoaib Khan S/o- Nazim Khan Village- Piur PS- Chainpur District- Kaimur Bhabua 2.
Krishna Kumar Paswan S/o- Shankar Paswan Village- Bhagwanpur PSBhagwanpur District- Kaimur, Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Kaushal Kishor, Advocate Mr. Sarfraz Ahmad, Advocate Mr. Tej Pratap, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2025 Heard Mr. Kaushal Kishor, learned counsel appearing on behalf of the petitioners and Mr. Umeshanand Pandit, 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), 127(2), 106(1) and 3(5) of the B.N.S. and Sections 7 and 7A of the Prevention of Corruption Act.
3. As per prosecution case, on 25.09.2024 at about 11 PM, brother of informant was irrigating his agriculture filed in the meantime, a snake has bitten his right ear and brother of informant left for house. It is alleged that Bhagwanpur police
Patna High Court CR. MISC. No.4774 of 2025(2) dt.25-02-2025 2/3 stopped them and asked for money and thus was obstructed for two house and it was only after payment of Rs. 700/- that these petitioners allowed brother of informant to leave. Thereafter, he was taken for treatment where he died.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have falsely been implicated int his case. F.I.R. has been lodged after inordinate delay of 7 days and there is no plausible explanation for the same. As a matter of fact, the deceased died due to snake bite for which U.D. Case No. 23/24 dated 03.09.024 was registered. 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 aforesaid facts and circumstances, nature of accusation and clean antecedents of the 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 Chief Judicial
Patna High Court CR. MISC. No.4774 of 2025(2) dt.25-02-2025 3/3 Magistrate, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 286 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T