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Patna High CourtCR. MISC./83825/2025allowed

Razza Ahmad Khan @ Sonu Khan v. The State Of Bihar

2025-12-23Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83825 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- SARAI District- Vaishali ====================================================== Razza Ahmad Khan @ Sonu Khan, S/o- Rajik Khan @ Raju Khan, R/vMaricha Ram, Ps- Sarai, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-12-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Sarai P.S. Case No. 128 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 118(1), 303(2), 351(2), 351(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita.

3. Allegedly while the informant was returning to his house from restaurant, in the meanwhile, the petitioner alongwith one another named accused persons, besides 8 to 10 unknown persons surrounded him and brutally assaulted by means of butt of pistol and knife. It is specifically alleged that the petitioner alongwith others were also threatening the informant to withdraw the earlier case instituted by the

Patna High Court CR. MISC. No.83825 of 2025(2) dt.23-12-2025 2/3 informant.

4. Learned Advocate appearing on behalf of the petitioner taking this Court through the FIR contended that besides the fact that there is omnibus allegation against the petitioner and other of causing assault, the injuries which are allegedly sustained to the informant are concerned, the same have been found to be simple in nature, as is evident from the impugned order itself. The reason behind the said occurrence is nothing, but a land dispute, resulting into a scuffle and unfortunate injuries, leading to institution of the case and counter case. It is submitted that the petitioner has also instituted Sarai P.S. Case No. 129 of 2025 against the informant and others. Moreover, the petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the petitioner alongwith others have inflicted knife blow alongwith other accused persons, due to which the informant has sustained a sharp cut injury.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note

Patna High Court CR. MISC. No.83825 of 2025(2) dt.23-12-2025 3/3 of the genesis of the occurrence coupled with the factum of case and counter case, coupled with the simple nature of injury, let the petitioner above named be released on bail, in the event of his 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 Chief Judicial Magistrate, Vaisali at Hajipur in connection with Sarai P.S. Case No. 128 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 own/close family members of the petitioner.

(Harish Kumar, J) supratim/- U T