Md. Arsi Khan @ Arshi Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54919 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- KOTHI District- Gaya ====================================================== 1.

Md. Arsi Khan @ Arshi Khan S/O Dilshad Khan Resident Of Village - Gajadharpur, P.O. - Kothi, P.S. - Kothi, District- Gaya 2.

Irshad Khan S/O Dilshad Khan Resident Of Village - Gajadharpur, P.O. - Kothi, P.S. - Kothi, District- Gaya 3.

Waqar Khan S/O Dilshad Khan Resident Of Village - Gajadharpur, P.O. - Kothi, P.S. - Kothi, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 115(2), 126, 303(2), 109, 351(2), 352, 3(5) of the B.N.S.

3. Allegation in the first information report is that all the accused persons came variously armed with lathi and rod to the shop of the informant and started assaulting him and his brother due to which his brother received head injury.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case due to previous enmity and there is general and omnibus allegation of assault upon 5 named accused persons of first information report.

Patna High Court CR. MISC. No.54919 of 2025(2) dt.22-08-2025 2/2 Further, the injury report which has been annexed as Annexure2 to the present application would show that the injuries received are simple in nature.

5. Learned APP for the State has opposed the application for anticipatory bail on the ground that the petitioner no. 1 has five criminal antecedents while petitioner no. 2 has one criminal antecedent and petitioner no. 3 has no criminal antecedent.

6. Considering the facts and circumstances and specifically taking into consideration the factum of case and counter case and the injury is simple in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kothi P.S. Case No. 25 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. (Soni Shrivastava, J) devendra/- U T