Sarfu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36233 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SIRDALA District- Nawada ====================================================== 1.

Sarfu Khan Son Of Dukkhan Khan R/O Vill.- Satan Bigha, P.O.- MIRZAPUR, P.S.- Meskaur, Dist.- Nawada 2.

Saif Khan Son Of Jahir Khan R/O Vill.- Satan Bigha, P.O.-MIRZAPUR, P.S.- Meskaur, Dist.- Nawada 3.

Ijmal Khan Son Of Naim Khan R/O Vill.- Satan Bigha, P.O.-MIRZAPUR, P.S.- Meskaur, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Saurabh For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel for the informant.

2. Learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail with respect to petitioner no.2 (Saif Khan).

3. Permission is accorded.

4. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

5. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant on account of dispute

Patna High Court CR. MISC. No.36233 of 2024(2) dt.19-06-2024 2/2 relating to property. It is also submitted that a partition suit is pending in between the petitioners and the side of the informant. It is next submitted that though there is allegation of assaulting the daughter of the informant by an iron rod by petitioner no.1 but then the injury suffered by her is simple in nature and the allegation against petitioner no.3 Ijmal Khan @ Imjama Khan is general and omnibus in nature.

6. Learned A.P.P. for the State along with learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Sirdala P.S. Case No.01/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T