Mohammad Naushad Khan @ Naushad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2679 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

Mohammad Naushad Khan @ Naushad Khan S/o- Md. Khakhanu Khan Village- Baradih Ps- Agrer Dist- Rohtas 2.

Syed Danish Emam @ Danish Emam S/o- Syed Mohammad Yusuf @ Yusuf Emam Moh- Chawar Takiya Ps- Sasaram Town Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Pd. Singh, Sr. Adv.

Ms.Supriya Sinha, Adv.

Mr.Venketesh Kaushik, Adv.

Mr.Varun Krishna Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner no. 1 as well as learned APP for the State.

2. The petitioner no.1 apprehends his arrest in connection with Sasaram (Town) P.S. Case No. 384 of 2024, registered for the offences punishable under Sections 147, 149, 323, 341, 354(B), 354(A), 379, 385, 427, 448, 504 and 506 of the IPC.

3. As per allegation, the petitioners along with other co-accused persons, named in the FIR, entered into the house of the informant and started abusing her. Co-accused Danish Imam tore the clothes of daughter of the informant and started

Patna High Court CR. MISC. No.2679 of 2025(5) dt.11-09-2025 2/3 molesting her. It is further alleged that co-accused Wali Imam looted away Rs. 4 lakhs from her house.

4. The learned counsel for the petitioners has submitted that the prayer for bail in respect of petitioner no. 2 has already been withdrawn and he has been granted regular bail. She has submitted further that petitioner is innocent and has falsely been implicated due to previous land dispute. She has also submitted that in the title suit pending between the parties, the order of injunction was granted in favour of petitioner no. 2 and it was the reason for false implication of the petitioners. She has also submitted that co-accused Mujafar Imam and Bali Imam have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.05.2025 in Cr. Misc. No. 33462 of 2025.

5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that there is allegation against the petitioner to outrage the modesty of daughter of the informant.

6. It appears that there is land dispute between the parties and some previous criminal cases are there between the parties.

7. Considering the above-mentioned facts and

Patna High Court CR. MISC. No.2679 of 2025(5) dt.11-09-2025 3/3 circumstances, let the petitioner no. 1, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram in connection with Sasaram (Town) P.S. Case No. 384 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/- U T