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Patna High Court

Sarfaraz Khan @ Sarfraz KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners with specified conditions.

Summary

The petitioners, three brothers from Darbhanga, sought anticipatory bail fearing arrest in a case (Manigachhi P.S. Case No. 150 of 2022, GR No. 2189 of 2022) involving alleged offences under IPC Sections 147 and 307 and Arms Act Section 27. The prosecution alleged that the accused surrounded an informant and fired indiscriminately, injuring the informant's elbow. The petitioners contended that they were falsely implicated, that the allegations were vague and no specific overt act was ascribed to them, and highlighted their single prior criminal antecedent each. The State opposed the bail, arguing the seriousness of the charges. The High Court, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, granted anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and a six‑week surrender condition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 despite the serious nature of the alleged offences.
  • Whether the prosecution's allegations constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bharatiya Nagarika Suraksha Sanhita
  • Indian Penal Code
  • Arms Act
  • false implication
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17090 of 2026
                    Arising Out of PS. Case No.-150 Year-2022 Thana- MANIGACHI District- Darbhanga
                 ======================================================
           1.     Sarfaraz Khan @ Sarfraz Khan S/o- Hasnain Khan @ Hasnain Ahmad Khan
                  Resident of Village- Paithan Kabai, P.S.- Manigachhi Nehra, District-
                  Darbhanga
           2.    Sahwaz Khan @ Sahwaz Ahmad Khan @ Shahbaz Ahmad Khan S/o-
                 Hasnain Khan @ Hasnain Ahmad Khan Resident of Village- Paithan Kabai,
                 P.S.- Manigachhi Nehra, District- Darbhanga
           3.    Akib Khan @ Shadab Khan S/o- Hasnain Khan @ Hasnain Ahmad Khan
                 Resident of Village- Paithan Kabai, P.S.- Manigachhi Nehra, District-
                 Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar No 13, Advocate
                                                  Mr. Rohit Kumar, Advocate
                                                  Ms. Shreya, Advocate
                 For the Opposite Party/s :       Mr. Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Manigachhi P.S. Case No. 150 of 2022, GR No. 2189 of

                   2022 instituted for the offences under Sections 147, 307 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                3. Prosecution case, in short, is that the accused

                   persons surrounded the informant and started indiscriminate

                   firing out of which, one bullet hit the informant’s elbow.
Patna High Court CR. MISC. No.17090 of 2026(2) dt.13-03-2026
                                            2/3




                      4. Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          Learned counsel for the petitioners submitted that general and

          omnibus allegation has been made against the petitioners. No

          specific overt act is alleged against the petitioners. Learned

          counsel further submitted that police, after completion of

          investigation submitted final form against the petitioners,

          however, learned court below differing with the same took

          cognizance under Sections 341, 323, 504, 307, 34 of the Indian

          Penal Code and Section 27 of the Arms Act. It has been

          submitted on behalf of the petitioners that the petitioners have

          one criminal antecedent each.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the petitioners, above named, in the event of

          arrest/surrender before the lower court within a period of six

          weeks from today, be released on anticipatory bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Manigachhi P.S.

          Case No. 150 of 2022, GR No. 2189 of 2022, subject to the
           Patna High Court CR. MISC. No.17090 of 2026(2) dt.13-03-2026
                                                       3/3




                     conditions as laid down under Section 482(2) of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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