Patna High Court
Sahil KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
Sahil Khan was arrested on 12 September 2025 in connection with FIR No. 435 of 2025 alleging assault, robbery and other offences under the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that Khan, along with others, entered the informant’s shop armed with lathis and iron rods, assaulted the informant and his brother, and stole Rs 30,000. The petitioner contended that he was falsely implicated, pointing out that the FIR contained a general allegation against all accused and a specific, relatively minor allegation against him, supported by an injury report showing only simple blunt‑force injuries. The State opposed bail, citing two prior criminal antecedents of the petitioner. The court, after considering the facts and the seriousness of the charges, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and full disclosure of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the Bharatiya Nyay Sanhita, 2023.
- Whether the specific allegation against the petitioner in the FIR is sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115, 118, 126, 190, 191, 303, 351, 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- assault
- robbery
- prior criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16668 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Sahil Khan Son of Firoz Khan Resident of village- Naya Tola, Ward No. 12,
Police Station -Bettiah Town, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abu Nasar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Abu Nasar, learned counsel for the
petitioner as well as Mr. Akshay Lal Pandit, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.09.2025 in connection with Bettiah Town P.S. Case No. 435
of 2025, F.I.R. dated 11.09.2025 for the offences punishable
under Sections 191(2), 191(3), 190, 115(2), 118(1), 109, 126(2),
351(2), 303(2), 352 of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons armed with lathi,
danda and iron rod came in the shop of the informant and started
abusing his elder brother and assaulted both of them and took
Rs.30,000/- from the shop of the informant.
Patna High Court CR. MISC. No.16668 of 2026(2) dt.16-03-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR that FIR is in two parts. In
first part there is general and omnibus allegation against all the
accused persons including the petitioner and in the second part
there is specific allegation against the petitioner that he
assaulted the informant with bamboo and dragged him out of the
shop and co-accused Aman Khan assaulted the informant with
knife. He next submits that the injury report of the informant
suggest that injury inflicted upon him is simple in nature caused
by hard and blunt substance. (Annexure-2). He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
12.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries two criminal antecedents other
than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Patna High Court CR. MISC. No.16668 of 2026(2) dt.16-03-2026
3/3
West Champaran, Bettiah in connection with Bettiah Town P.S.
Case No. 435 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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