Lucky Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13849 of 2025 Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Lucky Khan Son of Jamshed Khan @ Md. Kutubuddin Khan Village- Nai Bazar, P.S.- Bhagwan Bazar, District- Chpra, Saran ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Murari Mishra, Adv.
For the State :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehend his arrest in connection with Bhagwan Bazar P.S. Case No.423 of 2023 instituted under Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296, 337, 338, 307, 332, 333, 353, 427, 120(B) of the Indian Penal Code and under Section 9 of Bihar Control of Use and Play of Loudspeaker Act.
3. As per the prosecution case, during the procession of Goddess Durga immersion when the procession reached near Masjid, it was stopped and music and chanting slogan were done. It is further alleged that some anti-social elements started throwing stones on the procession just when the procession started moving ahead.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.13849 of 2025(4) dt.16-10-2025 2/2 petitioner is innocent and has been falsely implicated in this case. The allegation against him is general and omnibus. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial. He has also submitted that on exactly similar footing, several co-accused persons have been granted anticipatory bail by the different coordinate Benches of this Court.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within four weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 423 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Nawneet Kumar Pandey, J) kundan/- U T