Jabir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1748 of 2025 Arising Out of PS. Case No.-23 Year-2023 Thana- SIKTI District- Araria ====================================================== Jabir Khan Son of Safir Khan Resident of village - Perhiya, Khan Tola, Ward No.- 13, Police Station - Sikty, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anamul Haque, Adv.

For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-03-2025 Heard Mr. Anamul Haque, learned counsel for the petitioners and Mrs. Sucheta Yadav, learned APP.

2. The petitioner is in custody in connection with Sikty P.S. Case No. 23 of 2023 for the offence under sections 147, 148, 149, 344, 323, 324, 379, 307, 504, 506 of the I.P.C. lodged on 22.01.2023 by the informant, Minni Khatoon.

3. As per the prosecution story, the informant has alleged that the accused persons after abusing them, resorted to assault and the allegation against this petitioner is of assaulting the informant's son, Perwez by 'farsa' while Amir Khan assaulted by rifle to the informant's sister-in-law, Mansoori Khatoon causing injury in her head. Again, allegation against Haidar Khan is of snatching Rs. 10,000/- from the pocket of the informant's son. Accordingly, the FIR.

Patna High Court CR. MISC. No.1748 of 2025(2) dt.06-03-2025 2/2

4. Learned counsel for the petitioner submits that though specific allegation has been made against this petitioner, Amir Khan and Haider Khan, there is material contradiction which has come in the case diary and in that background, relief is sought for.

5. Mrs. Sucheta Yadav, learned APP, on the other hand, has drawn the attention of the this Court to the FIR to show that the specific allegation is against this petitioner besides Amir Khan and Haider Khan of assault. He has assaulted the informant's son, Perwez by Farsa. She has further drawn attention of this Court to the criminal antecedent of the petitioner to show that he has five criminal cases pending against him which includes amongst other Section 307 IPC.

6. Taking into account of the aforesaid facts as also the allegation that has come against the petitioner besides the criminal antecedent, no case for relief is made out. The petition for bail stands rejected.

(Rajiv Roy, J) perwez U T