Partly allowed

Gauhar Khan v. The State of Bihar

Patna HC15 Oct 2019CR. MISC./60425/2019

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to nine petitioners in a case involving assault and robbery, subject to conditions. Anticipatory bail was rejected for petitioner 11, directing him to regular bail. The bench relied on Section 438 Cr.P.C. without citing specific precedents.

What did the court decide?

Released on bail Petitioners 1-10; Reject of anticipatory bail Petitioner 11 directed to surrender for regular bail.

Gauhar Khan Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60425 of 2019

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Arising Out of PS. Case No.-161 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua)

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======================================================

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Gauhar Khan Son of Afroz Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Sonu Khan Son of Gurfan Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Haidar Khan Son of Firoz Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Abdul Kadir Khan Son of Firoz Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Taufique Khan Son of Farid Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Saddam Khan Son of Amir Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Parvez Khan Son of Daiyan Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Faisal Khan Son of Muzib Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Khurshid Khan Son of Murtuza Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Munna Khan @ Munna Son of Harun Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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Najib Khan @ Nazim Son of Barkana Khan Resident of Village - Biur, P.S. - Chainpur, District - Kaimur at Bhabua, Bihar

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Kumar Prasad For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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3 15-10-2019 Heard learned counsel for the petitioners and the

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in connection

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Patna High Court CR. MISC. No.60425 of 2019(3) dt.15-10-2019 2/4

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with Chainpur P.S. Case No. 161 of 2019 registered under Sections 147, 149, 341, 342, 323, 379, 307, 504 and 506 of the Indian Penal Code.

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The accusation is that in the morning of 18.04.2019, informant, Binay Kumar Singh, was going to his village, in the way, Gauhar Khan (petitioner no.1), Sonu Khan (petitioner no.2), Haidar Khan (petitioner no.3), Abdul Kadir Khan (petitioner no.5) and Najib Khan (petitioner no. 11) along with Chotan Khan and Sardar Khan having iron rod and hockey stick in their hand surrounded him with intention to kill and commit loot. At that time, Haidra Khan (petitioner no.3) snatched his purse containing cash of Rs.29,000/-, ATM card, Adhar card and paper of the vehicle and Gauhar Khan (petitioner no.1) snatched his mobile. When he made protest then Chotan Khan and Najib Khan (petitioner no.11) caused injury at his head. In the meantime, they also snatched his two gold ring and gold chain. Thereafter, Taufique Khan (petitioner no. 5), Saddam Khan (petitioner no.6), Pravez Khan (petitioner no.7), Faisal Khan (petitioner no. 8), Khurshid Khan (petitioner no.9) and Munna Khan (petitioner no.10) also came there and asked to take him near Mosque then all started to drag him. In the meantime, he become unconscious and when he regain conscious then he

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Patna High Court CR. MISC. No.60425 of 2019(3) dt.15-10-2019 3/4

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found himself at Trauma Centre, B.H.U.

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Learned counsel for the petitioners submits that while seven injuries were found on the person of the informant but all injuries are simple in nature, except injury nos. 1 and 2, which were lacerated at the forehead on parietal region, which are said to be caused by Chotan Khan and Najib Khan (petitioner no.11), regarding which, opinion is kept reserved.

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Having regard to the facts and circumstances of the case, let the above named petitioner nos. 1 to 10, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Kaimur at Bhabua, in connection with Chainpur P.S. Case No. 161 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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So far as pre-arrest bail of petitioner no. 11, namely, Najib Khan @ Nazin, is concerned, having considered the facts and circumstances of the case and the specific allegation against him, I am not inclined to grant anticipatory bail to him. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner no. 11 is directed to surrender before the

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Patna High Court CR. MISC. No.60425 of 2019(3) dt.15-10-2019 4/4

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trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

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(Rajendra Kumar Mishra, J)

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Bhardwaj/-

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U T

Gauhar Khan v. The State of Bihar

Case brief

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Gauhar Khan v. The State of Bihar

Case brief

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