Changez Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Changez Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on regular bail in Ram Nagar P.S. Case No. 291 of 2024 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagha, West Champaran.

Issue for consideration

Whether the petitioner Changez Khan, an accused in Ram Nagar P.S. Case No. 291 of 2024 (under Sections 441, 323, 325, 354(B), 307, 379, 504, 506 and 34 IPC and Section 27 of the Arms Act), should be released on regular bail.

Court's answer

The allegations against the petitioner are general and omnibus, with only one specific allegation of assault on the eye of the informant's husband, and there is a case and counter case between the parties.

Ratio / Principle

Taking into account the aforesaid facts, the parity with co-accused Gulab Khan who had already been granted bail, and the period of custody, the court directed that the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagha, West Champaran.

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), by oral order dated 11-04-2025, allowed Criminal Miscellaneous No.15378 of 2025 and granted regular bail to Changez Khan in Ram Nagar P.S. Case No. 291 of 2024 (District West Champaran), registered for offences punishable under Sections 441, 323, 325, 354(B), 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Grounds: the allegations against the petitioner were general and omnibus with only one specific allegation of assault on the eye of the informant's husband; there was a case and counter case between the parties; co-accused Gulab Khan had already been granted bail by the co-ordinate Bench vide order dated 27.02.2025 in Cr. Misc. No. 84841 of 2024; and the petitioner had been in custody since 23.11.2024. Bail directed on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagha, West Champaran.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15378 of 2025

Arising Out of PS. Case No.-291 Year-2024 Thana- RAMNAGAR District- West Champaran

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

Changez Khan Son of Late Haidar Khan Resident Village-Dainmarwa, P.SRam Nagar, District-West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Dubey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 11-04-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has preferred this application for grant of regular bail in connection with Ram Nagar P.S. Case No. 291 of 2024 registered for the offences punishable under Sections 441, 323, 325, 354(B), 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution story, the informant has alleged that on 30.07.2024 she along with her husband and brothers in law were going on motorcycles, when they reached near the house of the petitioner – Changez Khan, all the F.I.R. named accused persons surrounded them. One Jafar Khan fired one bullet and threatened that ‘I will kill you’. Thereafter, all the F.I.R. named accused persons started assaulting them by means

Patna High Court CR. MISC. No.15378 of 2025(2) dt.11-04-2025 2/3

of iron rod and lathi due to which her husband sustained injuries and become unconscious. It is further alleged that one Kamran Khan has snatched a golden chain from the neck of the informant and Jafar Khan has tried to outrage her modesty.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. On 30.07.2024, at about 08:00 P.M. the family members of the informant were stealthily plucking mangoes from the orchard of the petitioner. The care taker of the said orchard had informed the petitioner about the same. The petitioner along with his wife went there but the family members of informant had fled away. Petitioner is in custody since 23.11.2024.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

There is general and omnibus allegation against the petitioner and only one allegation of assault on the eye of the husband of the informant. There is case and counter case between the parties. One of the co-accused Gulab Khan has been granted bail by the co-ordinate Bench of this Court vide order dated 27.02.2025 in Cr. Misc. No. 84841 of 2024. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on

Patna High Court CR. MISC. No.15378 of 2025(2) dt.11-04-2025 3/3

bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagha, West Champaran in connection with Ram Nagar P.S. Case No. 291 of 2024.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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