Sibu Khan @ Dulare KhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38679 of 2026
                  Arising Out of PS. Case No.-220 Year-2020 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Sibu Khan @ Dulare Khan Son of Majid Khan @ Magid Kha Resident of
                 village- Govindpur, Ward No. 15, P.S.- Harsidhi, District- East Champaran
                 (Bihar)-845411.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Prasad
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Harsidhi P.S. Case No. 220 of 2020, registered for the

                   offences punishable under Sections 341, 323, 324, 307, 379,

                   504/34 of the Indian Penal Code and 27 of the Arms Act.

                                3. While the informant was returning on his

                   motorcycle, in the meanwhile, the petitioner along with others

                   surrounded him. There is allegation against all the accused

                   persons, including the petitioner, of causing assault by means of

                   iron rod and other weapons, besides the allegation of snatching

                   valuables.

                                4. Learned Advocate for the petitioner submitted that

                   besides the fact there is a case and counter case, the police after
Patna High Court CR. MISC. No.38679 of 2026(2) dt.17-06-2026
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          investigation submitted charge sheet only under Sections 341,

          323, 324, 308, 504/34 of the Indian Penal Code and accordingly,

          the petitioner and others were given the benefit of Section 41A

          of the Cr.P.C. However, learned court differing with the final

          report took cognizance as alleged in the FIR, including the penal

          provision of Section 307 of the IPC and, as such, the present

          application.

                       5. During the course of investigation, the injury

          sustained to the informant is said to be grievous in nature;

          however the same was found to be manipulated one and

          thereafter representation has been filed before the Investigating

          Officer as well as the Civil Surgeon-cum-Chief Medical Officer.

          In the aforesaid premise, an enquiry was initiated and the

          informant was asked to ensure his appearance but he never

          appeared before the Committee and thus his injury has further

          been declared to be a fabricated one, as is evident from

          Annexure-5 to the application.

                       6. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner has brutally assaulted the informant and one of the

          injury has been found to be grievous in nature.

                       7. Having considered the submissions advanced by
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                    the learned Advocates for the respective parties and taking note

                    of the factum of case and counter case, 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) each with

                    two sureties of the like amount each to the satisfaction of the

                    learned concerned Court below in connection with Harsidhi P.S.

                    Case No. 220 of 2020, subject to the conditions laid down in

                    Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.



                                                              (Sandeep Kumar, J)
Vikas/-

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