Mansoor Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55916 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- GURUA District- Gaya ====================================================== 1.

Mansoor Khan S/o Akhtar Hussain Village- Gudaru P.S.- Gurua, DistrictGaya 2.

Gola @ Sarwar S/o Bhola Mian Village- Gudaru, P.S.- Gurua, District- Gaya 3.

Md. Shamim S/o Late Ghiset Mian Village- Gudaru, P.S.- Gurua, DistrictGaya 4.

Rana Alam S/o Md. Ashgar Ali Village- Gudaru, P.S.- Gurua, District- Gaya 5.

Zakir Alam S/o Late Mohib Alam @ Late Mohib Mian Village- Gudaru, P.S.- Gurua, District- Gaya 6.

Ilyas Mian S/o Yasin Miyan Village- Gudaru, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Gurua P.S. Case No. 203 of 2025, instituted for the offences punishable under Sections 191(2), 191(3), 127(1), 115(2), 117(2), 109, 132, 299 of the Bharatiya Nyaya Sanhita, 2023 and later on Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 was added.

3. The prosecution case, in short, is that the police received information about the fight breaking out between two communities. Police reached the spot and found some persons

Patna High Court CR. MISC. No.55916 of 2025(2) dt.20-08-2025 2/3 involved in the clash who received injuries. On further investigation, the police came to know about the petitioners and a number of other co-accused persons, who were creating a religious frenzy and indulged in attacking each other and causing injuries to a number of persons.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. No occurrence as alleged has ever taken place. The petitioners have not caused any injury to any person. It is apparent from the FIR that exchange of abuse took place and both sides sustained injuries. It is further submitted that there is no specific allegation levelled against the petitioners rather the same is general and omnibus in nature. The petitioners are in custody since 17.05.2025. Petitioner nos. 1, 2, 3, 5 and 6 have got one criminal antecedent and petitioner no. 4 has got two criminal antecedents. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 30.07.2025 passed in Cr. Misc. No. 47338 of 2025.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.55916 of 2025(2) dt.20-08-2025 3/3 the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gurua P.S. Case No. 203 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T