Faisal Khan @ Md. Faisal Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1935 of 2023 Arising Out of PS. Case No.-171 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== 1.

FAISAL KHAN @ MD. FAISAL KHAN Son of Qutbuddin Khan Resident of Village- Ashapur, P.S.- Bahera, District- Darbhanga 2.

REHAN KHAN Son of Qutbuddin Khan Resident of Village- Ashapur, P.S.- Bahera, District- Darbhanga 3.

RIZWAN KHAN Son of Qutbuddin Khan Resident of Village- Ashapur, P.S.- Bahera, District- Darbhanga 4.

QUTBUDDIN KHAN Son of Late Rashid Khan Resident of VillageAshapur, P.S.- Bahera, District- Darbhanga 5.

GULZAR KHAN Son of Bouku Khan Resident of Village- Ashapur, P.S.- Bahera, District- Darbhanga 6.

ZILANI KHAN @ ASAD ZILANI KHAN @ ASAD GILANI Son of Late Suleman Khan Resident of Village- Ashapur, P.S.- Bahera, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2023 Heard learned Senior Counsel for the petitioners and learned A.P.P. for the State alongwith learned counsel for the informant.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 504, 506/34 and 308 of the Indian Penal Code. The learned Senior Counsel for the petitioners submits that petitioner No. 1, 3 and 4 have antecedent of one

Patna High Court CR. MISC. No.1935 of 2023(4) dt.20-06-2023 2/3 case and petitioner No. 2, 5 and 6 are persons with clean antecedent. It is next submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that there is specific allegation against Farhan Khan of assaulting the informant with knife causing injury on his left eye and Shanu Khan assaulting him with butt of pistol breaking his tooth, it is next submitted that as far as these petitioners are concerned there is no specific allegation of assault against them.

Learned A.P.P. for the State alongwith learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners but are not able to beat the submission of the learned Senior Counsel for the petitioners that there is no specific allegation of assault against the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court

Patna High Court CR. MISC. No.1935 of 2023(4) dt.20-06-2023 3/3 where the case is pending/successor court in connection with Bahera P.S. Case No. 171 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T