Boby Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24195 of 2024 Arising Out of PS. Case No.-263 Year-2016 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Boby Khan Son of Alauddin Khan Village - Pakhnari, P.S. Shivsagar, Dist. Rohtas 2.

Meraj Khan Son of Sarfaraz Khan Village - Pakhnari, P.S. Shivsagar, Dist. Rohtas 3.

Sher Ali Khan Son of Jabbar Khan Village - Pakhnari, P.S. Shivsagar, Dist. Rohtas 4.

Zahid Khan Son of Hamid Khan Village - Pakhnari, P.S. Shivsagar, Dist. Rohtas 5.

Sattar Khan @ Satrar Khan Son of Sheru Khan Village - Pakhnari, P.S. Shivsagar, Dist. Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 505(2) of the Indian Penal Code.

3. Allegation against the petitioners is that they were fighting each other in the name of community and spreading anarchy and unrest on the occasion of Tajiya celebration.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.24195 of 2024(2) dt.24-04-2024 2/2 this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is compromise between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Sheosagar P.S. Case No. 263 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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