Rijwan Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45314 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- PIPRA District- Supaul ====================================================== 1.
Rijwan Khan S/o Shakur Khan R/o vill - Thadhi Bhawanipur, ward no. 3, P.S.- Pipra, Distt.- Supaul 2.
Noor Salam Khan @ Nursalam Khan S/o Shakur Khan R/o vill - Thadhi Bhawanipur, ward no. 3, P.S.- Pipra, Distt.- Supaul 3.
Chhotu Khan @ Ashique Khan @ Ashique S/o Rizwan Khan R/o vill - Thadhi Bhawanipur, ward no. 3, P.S.- Pipra, Distt.- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the State :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail, apprehending their arrest, in connection with Pipra P.S. Case No. 20 of 2025, dated 28.01.2025, registered for the offences punishable under Sections 191(1), 190, 126(2), 115(2), 127(2), 109, 118(1), 303(2), 324(4), 74, 352 and 351(2) of the B.N.S., 2023.
3. As per allegation, the accused persons including the petitioners entered into the house of the informant and assaulted the informant and her family members, causing injuries on the person of the informant and other family members.
Patna High Court CR. MISC. No.45314 of 2025(2) dt.16-07-2025 2/3
4. Ld. counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a mater of fact, informant and petitioners' side are next door neighbours and on account of land dispute, occurrence took place in which both sides got simple injuries on their person and case and counter case has been filed. Counter case to the previous case filed by the petitioners' side under Sections 191(1), 190, 126(2), 115(2), 127(2), 109, 118(1), 303(2), 324(4), 74, 352 and 351(2) of the B.N.S. bearing Pipra P.S. Case No. 21 of 2025.
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 bail petition that the petitioners No. 1 and 2 have one criminal antecedent and petitioner No.3 has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the nature to the injuries and case and counter case, 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
Patna High Court CR. MISC. No.45314 of 2025(2) dt.16-07-2025 3/3 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 with Pipra P.S. Case No. 20 of 2025, subject to the conditions as laid down under Section 482 (2) 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 antecedent, other than disclosed one, 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.) ravishankar/- U T