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Patna High CourtCR. MISC./43709/2025partly allowed disposal

Jawed Khan v. The State Of Bihar

2025-07-16Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43709 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- PANAPUR District- Saran ====================================================== 1.

Jawed Khan S/O Farush Khan @ Farukh Khan R/O Village- Satjora (Pathan Toli), Post- Satjora Bazar, P.S- Panapur, Distt.- Saran at Chapra- 841410. 2.

Tashin Raza Khan @ Tashin @ Aashif @ Tahsin Raja Khan S/O Jawed Khan R/O Village- Satjora (Pathan Toli), Post- Satjora Bazar, P.S- Panapur, Distt.- Saran at Chapra- 841410.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioners who apprehend arrest in connection with Panapur P.S. Case No. 67 of 2025, lodged on 10.03.2025, under Sections 126(2)/115/109/352/351(2) read with Section 3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioners that they have assaulted by lathi, danda, iron rod, knife on the

Patna High Court CR. MISC. No.43709 of 2025(2) dt.16-07-2025 2/3 informant and his relatives.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that there are to petitioners in the present case against petitioner No.1 there is no specific allegation. He submits that petitioner No.1 is an old aged person of 60 years. He further submits that petitioner No.2 is a student reading at Patna. He further submits that both informant and petitioners' family are well known to each other and due to land dispute this case has been lodged. He further submits that for the same date and place of occurrence there are case and counter case, namely, Panapur P.S. Case No.67 of 2025 and Panapur P.S. Case No.69 of 2025. Counsel submits that antecedents of the petitioners are clean.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is specific allegation against petitioner No.2.

6. In the present facts and circumstances of this case, let petitioner No.1, namely, Jawed Khan, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

Patna High Court CR. MISC. No.43709 of 2025(2) dt.16-07-2025 3/3 as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Sri Yatendra Singh, Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Panapur P.S. Case No. 67 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. So far petitioner No.2, namely, Tashin Raza Khan @ Tashin @ Ashif @ Tahsin Raja Khan is concerned, considering the direct allegation of assault against him, his prayer for anticipatory bail is hereby refused. However, in the event of surrender of petitioner No.2, within six weeks from today, the prayer for regular bail of petitioner No.2 shall be considered on its own merit on the same day without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./- U T