Patna High Court
Md. Sahanabaz Khan @ Junnu @ Junnu BoseversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and conditions, with verification of criminal antecedents.
Summary
The petitioner, Md. Sahanabaz Khan, sought anticipatory bail fearing arrest in connection with Akbarnagar Police Station Case No. 109 of 2025, which alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023 including assault, robbery and attempt to outrage modesty. The FIR alleged that the accused, including the petitioner, entered the informant’s house, assaulted family members, attempted to outrage the informant’s modesty and stole jewellery and cash. The petitioner contended he was innocent, that a counter‑case (Case No. 110 of 2025) existed stemming from a petty dispute, and that he had a clean antecedent. The State opposed bail, highlighting the seriousness of the offences and the existence of reciprocal cases. The Court, after considering the submissions, granted anticipatory bail subject to a Rs 30,000 bond, verification of the petitioner’s criminal antecedents and compliance with conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the existence of a counter‑case and the petitioner’s claim of a clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 303(3), 333, 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- robbery
- counter case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15777 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Md. Sahanabaz Khan @ Junnu @ Junnu Bose Son of Md. Lalo @ Md. Lal
Khan Resident of Village - English Chichoran, P.S. - Akbarnagar, Dist. -
Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md.Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Akbarnagar P.S. Case No. 109 of 2025 lodged on
25.10.2025, for the offence punishable under Sections 126(2),
115(2), 303(3), 109, 74, 118(1), 351(2), 352, 333 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioner. It
has been alleged in the FIR that on 24.10.2025, all the accused
persons came and entered in the house of the informant and
assaulted the informant’s daughter. In the next morning, accused
persons again came and assaulted the informant’s son by iron
Patna High Court CR. MISC. No.15777 of 2026(2) dt.25-03-2026
2/3
rod on his head. When the informant’s husband came to rescue
his son, then accused persons also assaulted him and tried to
outrage the modesty of the informant. One of the accused
persons also snatched gold earring of the informant and taken
Rs.2,00,000/- from the box.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He submits
that both the parties are resident of the same locality and well
known to each other. Counsel submits that for the same date and
place of occurrence, there are case and counter case from both
the sides i.e. one case has been lodged from the petitioner’s side
bearing Akbarnagar P.S. Case No. 110 of 2025 and the present
case has been lodged from the informant’s side bearing
Akbarnagar P.S. Case No. 109 of 2025. Counsel submits that the
dispute has arisen on petty issue of throwing dirty water on the
land. Counsel further submits that the petitioner has clean
antecedent and he is ready to fulfill all the conditions
whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that from the record, it
transpires that there are case and counter case from both the
sides.
Patna High Court CR. MISC. No.15777 of 2026(2) dt.25-03-2026
3/3
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of A.C.J.M.-I, Bhagalpur, in connection with
Akbarnagar P.S. Case No. 109 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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