Samir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11623 of 2025 Arising Out of PS. Case No.-136 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== Samir Khan Son of Sarforaj Khan @ Munna Khan Resident of Village - Dinagar, P.S. - Chandradeep, District - Jamui, At present Premdiha, Mohiuddinagar, P.S. - Lakhisarai, District - Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 103, 115(2), 126(2), 190, 191(2), 352 of the B.N.S., 2023.

3.

As per FIR, the petitioner and other co-accused persons abused and assaulted the nephew of the informant. He was chased away by the petitioner and others to his house. When the father of the informant tried to intervene, he was also assaulted by coaccused Md. Amir due to which he fell down on the ground and later on died.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the

Patna High Court CR. MISC. No.11623 of 2025(2) dt.07-03-2025 2/2 manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act attributed against the petitioner. Similarly situated co-accused person has been granted anticipatory bail by this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 82513 of 2024. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and since there is no specific overt act against the petitioner and similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chandradeep P.S. Case No.136 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023.

(Anjani Kumar Sharan, J) priyanka/- U T