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Patna High CourtCR. MISC./29223/2025bail granted

Md. Javid Khan @ Javed Alam @ Javed Khan v. The State Of Bihar

2025-05-12Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29223 of 2025 Arising Out of PS. Case No.-343 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Md. Javid Khan @ Javed Alam @ Javed Khan S/O Sadik Khan @ Md. Sadik Khan R/O Vill.- Tipau, P.s.- Wazirganj, Dist.- Gaya. 2.

Md. Sadik Khan @ Sadik Khan S/O Late Dasu Khan @ Dost Khan R/O Vill.- Tipau, P.s.- Wazirganj, Dist.- Gaya.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ajay Kumar Sinha, Advocate For the State :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Wazirganj PS. Case No.-343 of 2018, registered for the offences punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.

3. As per allegation, on account of land dispute, altercation took place between the petitioner and the informant side leading to injury on both the sides and filing of case and counter case from both the sides. The counter case filed by the petitioner side is Wazirganj P.S. Case No. 344 of 2018.

Patna High Court CR. MISC. No.29223 of 2025(2) dt.12-05-2025 2/3

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, both the sides are neighbours and altercation took place on account of land dispute and both the sides got injury and filed case and counter case and later on the matter has been compromised between the parties.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection

Patna High Court CR. MISC. No.29223 of 2025(2) dt.12-05-2025 3/3 with Wazirganj PS. Case No.-343 of 2018, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T