Patna High Court
Md. Noman Khan @ Noman KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Md. Noman Khan, Md. Tarique Khan and Md. Sadique Khan, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 109, 308(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita for alleged assault with lathi and demand for a Rs.2,00,000 ransom. The prosecution alleged that the accused, along with others, assaulted the informant and demanded ransom. The petitioners contended that they were falsely implicated due to political rivalry, that the allegations were vague and omnibus, that the injuries were minor, and that they have clean antecedents. The State opposed the grant of anticipatory bail. Considering the general nature of the accusations, the clean record of the petitioners and the political context, the Court allowed anticipatory bail subject to a bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the Bharatiya Nyaya Sanhita
- Whether the allegations against the petitioners are specific enough to deny bail
- Whether the petitioners' clean antecedents and the political rivalry context warrant bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 308(3), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- political rivalry
- false accusation
- assault
- ransom
- clean antecedents
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15270 of 2026
Arising Out of PS. Case No.-556 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
1. Md. Noman Khan @ Noman Khan S/O Late Md. Aminuddin Khan R/O
Village- Sitanabad South, Ward No. 2, P.S- Simri Bakhtiyarpur, District-
Saharsa- 852106.
2. Md. Tarique Khan @ Md. Tarique S/O Md. Noman Khan @ Noman Khan
R/O Village- Sitanabad South, Ward No. 2, P.S- Simri Bakhtiyarpur,
District- Saharsa- 852106.
3. Md. Sadique Khan S/O Md. Noman Khan @ Noman Khan R/O Village-
Sitanabad South, Ward No. 2, P.S- Simri Bakhtiyarpur, District- Saharsa-
852106.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rana Hason, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 At the outset, learned counsel for the petitioners seeks
for and is granted permission to make necessary correction in
paragraph no. 1 of the bail petition.
2. Heard learned counsel for the petitioners and
learned APP appearing on behalf of the State.
3. The petitioners apprehend arrest in a case registered
for the offence punishable under Sections 126(2), 115(2), 109,
308(3), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
4. As per prosecution case, it is alleged that all F.I.R.
named accused persons, including these petitioners, committed
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maar-peet with the informant by means of lathi and danda. It is
further alleged that the accused persons also demanded ransom
of Rs. 2,00,000/-.
5. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case due to political rivalry. As a matter of
fact, the present case is counter-blast of Simri Bakhtiyarpur P.S.
Case No. 555 of 2024 which was lodged on 10.12.2024 by co-
accused Md. Rashid Khan against informant and others and only
with a view to save their skin from the aforesaid case, this false
and concocted case has been lodged. Moreover, allegation of
assault is general and omnibus and no specific accusation of
overt act has been alleged against these petitioners. Doctor has
found the injuries, allegedly caused by these petitioners, simple
in nature. Petitioners claim clean antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, case and
counter-case between the parties, nature of injuries allegedly
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caused by these petitioners and clean antecedents of the
petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Saharsa in connection with Simri Bakhtiyarpur P.S.
Case No. 556 of 2024, subject to condition as laid down under
Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
Navya/-
U T
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