Mohan Khan @ Ishlam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60717 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Mohan Khan @ Ishlam Khan S/O Late Rasid Khan R/o Jogachak, P.SKawakol, Distt.- Nawada. 2.

Arbaj Khan @ Monu Khan S/O Mohan Khan @ Ishlam Khan R/o Jogachak, P.S- Kawakol, Distt.- Nawada.

3.

Shahbaj Khan @ Sonu Khan S/O Mohan Khan @ Ishlam Khan R/o Jogachak, P.S- Kawakol, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashid Zafar For the State :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr. Kamlesh Kumar Pathak Mr. Sumit Kumar Bhagat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2025 At the very outset, learned counsel for the petitioner prays for and is granted permission to withdraw this application on behalf of petitioner No. 1 (Mohan Khan @ Ishlam Khan).

2. It is accordingly dismissed as withdrawn.

3. Now the petition is restricted only to petitioners No. 2 and 3.

4. Heard learned counsel for the petitioners and learned A.P.P. for the State.

5. The petitioner apprehend their arrest in a case registered for the offence under Sections 191(3), 189(4), 126(2), 115(2), 117(3), 118(2), 109, 305(a), 324(4), 76, 74, 111(4), 352, 351(3).

Patna High Court CR. MISC. No.60717 of 2025(2) dt.15-09-2025 2/3

6. As per F.I.R., the informant alleged that the named accused persons alongwith unknown armed variously entered the house and assaulted her husband and family members. The allegation against Rizwan Khan is of using sword to hit on the head of the informant's husband whereas Afzal Khan and Shahwaz Khan beside Monu Khan gave iron rod blow to the brother-in-law Dilip Sao. Further allegation is that Mohan Khan and Mukesh Verma assaulted the husband of the informant with iron rod on the hand, leg and head causing injuries. Further, Sohail Khan and Sohrab Khan assaulted the mother-in-law causing injury in the hand whereas Arbaz Khan and Saroj Khan beside Saurav Singh gave khanti blow to the informant as also other family members. Further allegation against this petitioner and Vikash Verma is of dragging the body outside the boundary wall. When the brother- in-law came to the rescue, Nitu Devi gave brick blow causing injuries. This led to the F.I.R.

7. Learned counsel for the petitioners submits that due to land dispute between the parties mar-pit took place. Injuries caused by the petitioners No. 2 and 3 are simple in nature. Petitioners claim clean antecedent.

8. Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.60717 of 2025(2) dt.15-09-2025 3/3 petition.

9. Considering the aforesaid facts & circumstances and the nature of injuries caused by the petitioners, let the above named petitioners, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada, in connection with Kawakol P.S. Case No. 168 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023. (Prabhat Kumar Singh, J) Saif/- U T