Bahadur Khan @ Arif Khan @ Miyazi @ Md. Arif Khan Niyazi @ Arif Khyan Miyaji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70924 of 2025 Arising Out of PS. Case No.-329 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.
Bahadur Khan @ Arif Khan @ Miyazi @ Md. Arif Khan Niyazi @ Arif Khyan Miyaji Son of Late Ali Khan @ Md. Ali Khan Resident of Mohalla - Bari Masjid, Nai Bazar, Police Station - Bhagwan Bazar, District - Saran. 2.
Meraj Khan @ Meaj Alam @ Md. Meraj Son of Late Ayub Khan Resident of Mohalla - Bari Masjid, Nai Bazar, Police Station - Bhagwan Bazar, District - Saran.
3.
Amir Khan @ Md. Amir Khan Son of Meraj Khan @ Md. Meraj Khan Resident of Mohalla - Bari Masjid, Nai Bazar, Police Station - Bhagwan Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amir Alam, Adv.
For the Opposite Party/s :
Mr. Surendra Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-02-2026 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bhagwan Bazar P.S. Case No. 329 of 2025, registered for the offences punishable under Sections 115(2), 126(2), 308(2), 308(5), 352, 351(2), (3), 324(4), (5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegation against the petitioners is of demanding extortion of rupees fifteen lakhs by putting threat upon the
2/4 informant, besides there is allegation of damaging the office and snatching away Rs. 2,60,000/- from the office of the informant.
4. Learned Advocate appearing on behalf of the petitioners submitted that the entire occurrence is said to be taken place in the office of the informant which is situated at Raj Market Dak Bunglow Road, Bhagwan Bazar, a busiest place, but surprisingly there is neither any eye witness to the alleged occurrence, nor the police during the course of investigation collect any CCTV footage. As a matter of fact, the petitioner no. 1 executed a lease agreement on 24.12.2023 with one Bibi Rehana Praveen, and the informant and his son, who are also engaged in sale and purchase of immovable properties, they wanted to grab the said house by putting pressure and the present case is nothing but a move to oust the petitioner from the said place.
It is further contended that after the alleged incidence, the muscle men of informant's side have brutally assaulted one Intekhab Khan, who is associated with the petitioners with a view to put pressure which led to institution of Bhagwan Bazar P.S. Case No. 325 of 2025. The sister of the petitioner no.
3/4 implication. The petitioner nos. 2 and 3 have absolutely fair antecedent, whereas the petitioner no. 1 bears one criminal antecedent, which is arising out of a complaint case.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that there is a specific accusation against the petitioners of committing crime of extortion.
6. Having heard the learned Advocate for the respective parties and taking note of the materials collected during the course of investigation, besides the previous dispute as also the undertaking of the petitioners before this Court that they will fully cooperate with the proceeding of the Court, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate2nd, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 329 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the
4/4 own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T