Jafar Kha @ Jafar Imam @ Jaffar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49169 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- RAMNAGAR District- West Champaran ====================================================== Jafar Kha @ Jafar Imam @ Jaffar Khan S/o Changej Khan R/o VillageDanmarwa, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Milind Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Abhitabh Kumar, Adv.
For the State :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ram Nagar P.S. Case No. 291 of 2024 registered for the offences punishable under Sections 341, 323, 325, 354(B), 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 30.06.2024, while the informant was traveling on a motorcycle along
2/4 with her husband and brothers, they were allegedly intercepted near the house of co-accused Changez Khan. The petitioner, along with other co-accused persons, is said to have surrounded them. It is specifically alleged that the petitioner fired a shot and threatened to kill the informant. Thereafter, all the named accused persons allegedly assaulted them with iron rods and lathis, resulting in serious injuries to her husband, who became unconscious. It is further alleged that co-accused Kamran Khan snatched a gold chain from the neck of the informant, and the petitioner along with Gulab Khan attempted to outrage her modesty.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is submitted that the alleged incident arose out of a dispute relating to the plucking of mangoes from the petitioner's orchard by the informant side. There exists a case and counter case between the parties. It is further contended that no
3/4 gunshot injury was sustained by any person, and no firearm was recovered from the possession of the petitioner. As regards the allegation of outraging the modesty of the informant, it is submitted that the same is exaggerated and appears to be an embellishment. The petitioner is languishing in judicial custody since 09.05.2025. Furthermore, it is pointed out that a similarly situated co-accused, Changez Khan, has already been granted bail by this Court vide order dated 11.04.2025 passed in Cr. Misc. No. 15378 of 2025.
5. Learned A.P.P. appearing on behalf of the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bagha, West Champaran in
4/4 connection with Ram Nagar P.S. Case No. 291 of 2024. (S. B. Pd. Singh, J) Nirajkrs/- U T