Sriram Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58212 of 2025 Arising Out of PS. Case No.-56 Year-2025 Thana- BANGAWON District- Saharsa ====================================================== 1.
Sriram Khan S/O Ganesh Khan R/O Village- Bangaon, Ward No.- 18, P.S.- Bangaon, District-Saharsa 2.
Vinit Khan @ Vinit Kumar S/O Sriram Khan R/O Village- Bangaon, Ward No.- 18, P.S.- Bangaon, District-Saharsa 3.
Sonu Khan @ Sonu @ Deepak Kumar @ Deepak Khan S/O Sriram Khan R/O Village- Bangaon, Ward No.- 18, P.S.- Bangaon, District-Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Jha, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Bangaon P.S. Case No. 56 of 2025, dated 13.04.2025, registered for the offence punishable under Sections 126(2), 115(2), 76, 303(2), 308(2), 352, 351(2), 3 (5) of the B.N.S.
3. The case of prosecution, in short, is that the informant's wife was at her shop on 13.04.2025 at 05:00 PM, suddenly Vinit Khan (petitioner) and Sonu Khan @ Deepak Khan and Sriram Khan, all came armed with lathi, danda and Kachiya, entered into the shop and demanded Rs. 5000 as rangdari because the informant's wife is said to be witness in
2/4 one America Devi case. When informant's wife refused to give money, then Sriram Khan put Kachiya on her neck and took away Rs. 5000/- from galla of the shop. Vinit Khan and Sonu Khan misbehaved with the wife of the informant. All the accused persons threw the goods lying on the rack by which some articles worth Rs. 5000 were destroyed and accordingly the instant F.I.R.
4. Learned counsel for the petitioners submits that there is case and counter case between the parties. There is specific allegation against petitioner no. 1 that he ordered his son to misbehave with the wife of the informant.
5. It has next been submitted that both the parties are neighbours and having long standing dispute for demarcation of residential land.
6. It has next been submitted that informant's side himself assaulted the petitioners on 27.03.2025, subsequently petitioners sustained injuries. Later on petitioner no. 2 also lodged an F.I.R. vide Bangaon P.S. Case No. 57 of 2025, in which informant side of the instant case are accused.
7. Learned A.P.P. for the State has opposed the prayer for bail to the petitioners.
8. Be that as it may, the allegations are general and
3/4 omnibus, there is case and counter case between the parties and there is long standing dispute with regard to demarcation of the residential land, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1st Saharsa in connection with Bangaon P.S. Case No. 56 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner (s) who shall provide official document to show his/her bona fide;
(ii) the petitioner (s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (iv) the petitioner (s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) pravinkumar/- U T