Ali Raj Khan @ Ali Raza Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51557 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Ali Raj Khan @ Ali Raza Khan S/O Moti Khan Resident of Village- Nakardei ,P.S.- Sugauli, District- East Champaran, Motihari. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 329(3), 126(2), 115, 118(1), 109, 74, 76, 324(4), 303(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. According to F.I.R., on 17.07.2024 at about 3:30 PM, while informant and her husband were sitting at the door, in the meantime, all 25 F.I.R. named accused persons including this petitioner came there and starting firing. It is further alleged that the accused persons assaulted informant and her family members by means of farsa, sword, lathi, etc.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, present case is counter blast of Sugauli P. S. Case No. 321 of 2024. Allegation of assault is general & omnibus and
Patna High Court CR. MISC. No.51557 of 2025(2) dt.22-09-2025 2/2 there is no specific allegation of overt act against this petitioner. Injuries, allegedly sustained by the injured, are simple in nature. Rest of the allegations are ornamental in order to make the case grave. Similarly situated co-accused Wajid Khan has already been granted anticipatory bail by this Court, vide order dated 03.03.2025 passed in Cr.Misc. No. 7494 of 2025. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering backdrop of the case, nature of accusation, simple injury and clean antecedent, let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli P. S. Case No. 320 of 2024, subject to condition as laid down under Section 482 of B.N.S.S. (Prabhat Kumar Singh, J) anay U T