Moh. Wazid Khan @ Golden KhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45088 of 2026
                    Arising Out of PS. Case No.-727 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
                 Moh. Wazid Khan @ Golden Khan, Son of Chhotu Khan, Resident of Village-
                 Padari, P.S.- Dhaka, District- East Champaran
                                                                         ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aditya Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-07-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Dhaka P.S.

                   Case No.727 of 2025 registered under Sections 191(1),

                   126(1), 115(1), 109(1) and 74 of the Bhartiya Nyaya

                   Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, petitioner along with other named

                   accused persons i.e. total of 20 persons, assaulted the

                   informant and her husband and other family members,

                   causing head and bodily injuries. A firing was also made for

                   creating terror.

                                4. It is submitted by learned counsel appearing for
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          petitioner that except co-accused Sahid Khan, the petitioner,

          who is the member of mob was not alleged to attribute any

          overt act during the occurrence. It is pointed out that even

          the allegation against Sahid Khan as to drag the informant

          by holding her hair along with three more co-accused

          persons is also not convincing and same is appearing very

          much general and omnibus in nature.

                       5.    Arguing further, it is submitted by learned

          counsel that occurrence took place due to neighbourhood

          disputes and differences for which, the petitioner’s side

          lodged the case at its first instance, which was registered as

          Dhaka P.S. Case No. 726 of 2025 and to counter the same,

          the present false case was lodged. It is submitted that

          occurrence was free fight in nature and, therefore, it can be

          safely said that the petitioner was not under intention to

          cause death of the injured/informant. Petitioner’s side also

          received injuries during the occurrence. The petitioner

          claimed clean antecedent.

                       6. Learned APP opposed the prayer of bail.

                       7. In view of aforesaid factual submissions and by
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                      taking note of fact, as allegation against petitioner is only to

                      be part of mob, without attributing any overt act, whereas

                      the nature of allegation against the petitioner is also

                      appearing very much general and omnibus in nature,

                      accordingly, the petitioner, above-named, in the event of his

                      arrest or surrender in the court below within a period of four

                      weeks from today, is directed to be released on bail on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction

                      of the learned S.D.J.M., East Champaran at Motihari in

                      connection with Dhaka P.S. Case No.727 of 2025, subject to

                      the conditions as laid down under Section 438(2) of the

                      Code of Criminal Procedure (in short ‘CrPC’)/under Section

                      482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in

                      short ‘BNSS’).


                                                          (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T