Naushad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68242 of 2025 Arising Out of PS. Case No.-463 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Naushad Khan Son of Kailu Khan Resident of Village - Dedaur, Police Station - Wazirganj, District - Gaya.

2.

Kailu Khan Son of Late Rasool Khan Resident of Village - Dedaur, Police Station - Wazirganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 126, 115(2), 118(1), 118(2), 109, 352, 351(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023 and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner no. 1 has assaulted with gadasa on the head of Sabir Khan due to which he sustained injury and the allegation against the petitioner no. 2 is that he has fired but did not hit anyone.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is case and

Patna High Court CR. MISC. No.68242 of 2025(2) dt.24-09-2025 2/2 counter case between the parties. Learned counsel for the petitioners has submitted that from perusal of the injury report of the injured, namely, Sabir Khan, it appears that the nature of injury is simple. There is no specific allegation against petitioner no. 2. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 14.07.2025.

5. Learned APP appearing for the State has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Wazirganj P.S. Case No. 463 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Gaya.

(Ashok Kumar Pandey, J) lata/- U T