Rashid Raza Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69370 of 2025 Arising Out of PS. Case No.-331 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Rashid Raza Khan S/O Md. Bahauddin Khan R/O Mohalla- Dahiyawan, Paschim Siya Masjid Ke Pas, P.S.- Town Chapra, Dist.- Saran (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Tiwary, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-10-2025 Learned counsel for the petitioner submits that he has filed supplementary affidavit but the same is not on record and learned counsel has given his own copy of supplementary affidavit across the board. Let, it be kept on record.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner is apprehending his arrest in connection with Bhagwan Bazar P.S. Case No. 331 of 2025 registered for the offences punishable under Sections 115(2), 126(2), 74, 77, 79, 352, 351(2)(3) and 3(5) of the B.N.S.
4. As per prosecution case, there is allegation against the petitioner that he used to follow the victim as well as harassed her. It is alleged that petitioner had edited wrong pictures and had sent the same to informant's relatives and
2/4 pressurized the informant to change her religion. When the same was protested, informant was threatened to be killed. It is further alleged that petitioner used to call the informant repeatedly on her mobile number 9265395956 from mobile numbers 9953255001, 9006237478, 7678656047, 8853097555, 6290448005 etc. and threatened her. Thereafter, informant broke her SIM card and threw away. Thereafter, petitioner made call on mobile number of informant's mother i.e. 9122529707 from mobile number 9953255001 and threatened the informant and sent wrong messages. It is further alleged that on 15.06.2025 informant's brother was assaulted by the petitioner and others and threatened to kill. Thereafter, informant's brother was brought to the hospital for treatment.
5. Learned counsel for the petitioner orally submits that there is no injury to the informant's brother but he has stated in paragraph 9 of the instant petition that injury caused to the informant's brother is simple in nature. He further submits that the allegation of pressurizing the informant to change her religion is nothing but ornamental in nature. Learned counsel for the petitioner submits through paragraph 2 of the counter affidavit that petitioner undertakes that he will not repeat his act in future as alleged by the informant. Petitioner is innocent and
3/4 has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. It has been orally submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
6. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner by submitting that there is allegation against the petitioner which is apparent from the FIR itself and hence, he cannot escape from the allegation made in FIR.
7. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IInd, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 331 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS.
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8. The application stands allowed.
9. However, it is made clear that if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Alok Kumar Pandey, J) alok/- U T