Jamshed Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55116 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.
Jamshed Khan S/o- Salam Khan Resident of village- Nakardei Ward No- 7 PS- Sugauli Dist-East Champaran 2.
Mushtaque Khan S/o- Haji Mansoor Resident of village- Nakardei Ward No7 PS- Sugauli Dist-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Shashank Chandra, Advocate For the State :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2025 Heard learned senior counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 329(3), 126(2), 115, 118(1), 109, 74, 76, 324(4) and 303(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., on 17.07.2024 at about 3:30 PM, all the F.I.R. named accused persons, including these petitioners, came to house of informant and assaulted informant and her family members by means of lathi, sword and farsa. It is further alleged that the accused persons also made indiscriminate firing.
Patna High Court CR. MISC. No.55116 of 2025(2) dt.25-08-2025 2/3
4. It is submitted by learned senior counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. There is case and counter-case between the parties. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Injuries 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 persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 25.02.2025 passed in Cr. Misc. No. 85345 of 2024 and order dated 03.03.2025 passed in Cr. Misc. No. 7494 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, nature of injuries sustained by the injured and claim based on parity, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.55116 of 2025(2) dt.25-08-2025 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Motihari, East Champaran in connection with Sugauli P. S. Case No. 320 of 2024 , subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T