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Patna High Court

Jalu Khan @ Rasul KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Jalu Khan, was implicated in a FIR (Harsidhi P.S. Case No. 220 of 2020) alleging offences under Sections 323, 324, 307, 379, 504 and 506 read with 34 of the Indian Penal Code. The prosecution’s case attributes the assault and robbery to other co‑accused, with no specific allegation of assault against the petitioner. The petitioner contended that he was falsely implicated due to village politics and that the FIR was lodged after a two‑day delay, indicating deliberation. The State opposed the bail application. Considering the non‑specific nature of the allegations against the petitioner and the possibility of false accusation, the Court ordered his release on bail subject to a bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the Criminal Procedure Code. The bail order was conditioned on the petitioner’s appearance before the trial court as required.

Issues considered

  • Whether bail should be granted to the petitioner given the non‑specific allegations and possibility of false accusation.

Legislation cited

Subjects

  • bail
  • false accusation
  • non‑specific allegation
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 482
  • criminal trial
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16374 of 2026
                  Arising Out of PS. Case No.-220 Year-2020 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Jalu Khan @ Rasul Khan S/o Gafar Khan R/o Village - Gobindapur, Post -
                 Gobindapur, P.S - Harsidhi, District - East Champaran at Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                02. In the present case, the petitioner is apprehending

                   his arrest in connection with Harsidhi P.S. Case No. 220 of 2020

                   registered for the alleged offence under Sections 323, 324, 307,

                   379, 504 and 506 r/w 34 of the Indian Penal Code.

                                03. As per prosecution case, petitioner and other co-

                   accused persons abused and assaulted the informant and

                   snatched Rs. 40,000/- and a gold chain worth Rs. 25,000/- from

                   the informant.

                                04. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. There is no specific allegation of assault against the

                   petitioner and there is only general allegation against the
Patna High Court CR. MISC. No.16374 of 2026(2) dt.06-04-2026
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          petitioner and other co-accused persons which of abusing the

          informant. The allegation of assault by farsa is against co-

          accused Subhan Khan and the allegation against co-accused

          Sibu Khan is for hitting the informant with iron rod. Allegation

          of snatching money and gold chain is against co-accused

          Navijan Khan. There is land dispute between the co-accused

          Subhan Khan and the informant and the petitioner has been

          made accused in this case due to village politics. Learned

          counsel further submits that the FIR has been lodged after delay

          of two days and it is a result of deliberation and afterthought.

          The petitioner is having clean antecedent.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          fact that there is no allegation of assault against the petitioner

          and further considering the non-specific nature of allegation

          against the petitioner and possibility of false accusation, let the

          petitioner above named, in the event of his arrest or surrender

          before the court concerned within a period of eight weeks from

          today, be released on bail, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand Only) with two sureties of the
           Patna High Court CR. MISC. No.16374 of 2026(2) dt.06-04-2026
                                                       3/3




                     like amount each to the satisfaction of learned Judicial

                     Magistrate 1st Class, East Champaran at Motihari/court

                     concerned in connection with Harsidhi P.S. Case No. 220 of

                     2020, subject to the condition laid down under Section 482(2) of

                     BNSS and other following conditions:

                                        (i) One of the bailors will be a close relative of

                                        the petitioner.

                                        (ii) The petitioner will remain present on each

                                        and every date fixed by the court below, if so

                                        required by the learned trial court.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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