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Patna High CourtCR. MISC./83689/2025allowed

Anwar Khan @ Anu Khan v. The State Of Bihar

2025-12-18Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83689 of 2025 Arising Out of PS. Case No.-564 Year-2025 Thana- GARKHA District- Saran ====================================================== Anwar Khan @ Anu Khan S/O Late Ahsaan Khan Resident of VillageRaghupur, P.S.- Garkha, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the State :

Mr.Navin Kumar Pandey, APP For the Informant :

Mr. Rananjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-12-2025 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State as well as the learned Advocate for the informant.

2. The petitioner apprehends his arrest in connection with Garkha P.S. Case No. 564 of 2025, registered for the offences punishable under Sections 191(2) 190, 126(2), 115(2), 118(1), 109, 352 of the BNS.

3. Allegedly, while the accused persons were forcibly trying to construct a hutment over the disputed plot and when the same was protested, it is specifically alleged that on the exhortation made by the petitioner, all the accused persons have brutally assaulted the informant and others leading to serious injuries.

Patna High Court CR. MISC. No.83689 of 2025(2) dt.18-12-2025 2/3

4. Learned Advocate for the petitioner referring to the FIR contended that admittedly there is a land dispute between the parties as is evident from the pendency of Title Suit No. 175/2023 before the competent court. As per the narratives of the FIR, it is evident that except the petitioner is said to be an order giver, no role has been assigned to him. It is further contended that though in the said incidence, two of the persons have sustained injuries but all of them have been found to be simple, except with respect to the one, the nature of which is reserved, however none of them have not been attributed to the petitioner. 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 Advocates for the State and the informant vehemently opposed the bail application.

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of nature of accusation against the petitioner, coupled with the fair antecedent, let the petitioner abovenamed 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

Patna High Court CR. MISC. No.83689 of 2025(2) dt.18-12-2025 3/3 amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Garkha P.S. Case No. 564 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) Anjani/- U T