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Patna High Court

Faisal KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and held that the appellant is entitled to bail under Section 438(2) of the Cr.P.C.

Summary

The appellant, a 19‑year‑old with a clean record, was charged under Sections 326(b) and 3(5) of the B.N.S. and Section 3(2)(iv) of the SC/ST (Prevention of Atrocities) Act for allegedly setting fire to a canopy and molesting his niece. He applied for anticipatory bail under Section 438 of the Cr.P.C., which was rejected by the 1st Additional Sessions Judge‑cum‑Special Court, Siwan. The appellant contended that the FIR was delayed, the allegations were vague, and that a notice had been served to the respondent’s father, rendering the service valid. He further argued that the incident occurred inside the informant’s house, was not in public view, and that he was falsely implicated due to a neighbourly dispute. The High Court, after considering the submissions, set aside the lower court’s order and allowed the appeal, directing that the appellant be released on bail if arrested within six weeks, subject to conditions under Section 438(2) Cr.P.C. The decision hinged on the validity of the notice and the lack of sufficient grounds to deny anticipatory bail.

Issues considered

  • Whether the appellant is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the allegations and the service of notice.
  • Whether the FIR and the delay in its registration justify denial of bail.
  • Whether the notice served to the respondent’s father is valid and sufficient for proceeding.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • SC/ST Act
  • notice service
  • false implication
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1958 of 2025
                   Arising Out of PS. Case No.-700 Year-2024 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Faisal Khan S/o Mrityunja Khan R/o Village- Dharm Makriyar Badli, P.S.-
                 Dhanauti, District- Siwan

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Bandhu Manjhi S/o Ramanand Manjhi R/o Village- Dharm Makriyar Badli,
                 P.S.- Dhanauti, District- Siwan

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr.Ashok Kumar
                 For the Respondent/s    :       Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   09-07-2026                 1. Heard learned counsel for the appellant and the

                   learned Special Public Prosecutor for the State.

                               2. The appellant has challenged the order dated

                   15.04.2025 passed by the learned 1st Additional Sessions Judge-

                   cum-Special Court, Siwan in connection with ABP No.2915 of

                   2024 arising out of Siwan Muffassil (Dhanauti O.P.) P. S. Case

                   No.700 of 2024, instituted for the offences under Sections

                   326(b), 3(5) of the B.N.S. and Section 3(2)(iv) of the Scheduled

                   Castes & Scheduled Tribes (Prevention of Atrocities) Act,

                   whereby his prayer for grant of anticipatory bail has been

                   rejected.

                               3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.1958 of 2025(5) dt.09-07-2026
                                             2/3




          appellant submits that from perusal of the office report dated

          28.04.2026, it would manifest that ordinary notice has been

          received by the father of the respondent no.2.

                       4. Since notice has been received by the father of

          respondent no.2, hence it is deemed to be validly served.

                       5. The learned counsel appearing on behalf of the

          appellant submits that appellant is a person with clean

          antecedent and is a young boy aged about 19 years and the

          informant alleges that appellant along with three unknown

          accused set ablaze the canopy kept on the tarrice and acted

          inappropriately with his dumb niece.

                       6. The learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          allegation of setting ablaze the canopy kept on the tarrice is

          general and omnibus in nature. It is further submitted that the

          date of occurrence is 01.11.2024 and the FIR came to be

          instituted on 04.11.2024 i.e. after a delay of three days without

          any plausible explanation. It is next submitted that appellant and

          the informant are neighbours and are having dispute relating to

          passage. It is further submitted that entire occurrence took place
               Patna High Court CR. APP (SJ) No.1958 of 2025(5) dt.09-07-2026
                                                            3/3




                         inside the house of the informant, thus was not in public view. It

                         is also submitted that this perhaps explains why the informant

                         despite receiving notice chooses not to appear and contest.

                                      7. The learned Special P. P. opposes the anticipatory

                         bail application.

                                      8. Regard being had to the aforesaid submissions, the

                         order dated 15.04.2025 is set-aside.

                                      9. The appeal stands allowed.

                                      10.         The appellant, above-named, in the event of

                         his arrest or surrender before the learned Court below within a

                         period of six weeks, is directed to be released on bail on his

                         furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned 1st Additional Sessions Judge-cum-

                         Special Court, Siwan in connection with ABP No.2915 of 2024

                         arising out of Siwan Muffassil (Dhanauti O.P.) P. S. Case

                         No.700 of 2024, subject to the conditions laid down under

                         Section 438(2) of the Cr.P.C.


                                                    (Satyavrat Verma, J)
vikash/-

U          T


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