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Patna High Court

Aakif Khan @ BhuarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Aakif Khan, sought anticipatory bail in connection with a criminal case (PS Case No. 361 of 2025) alleging his involvement in a violent assault on an informant and others, with charges under multiple sections of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that the petitioner, along with 17 others, attacked the informant with an iron rod and other weapons, causing injuries, while the petitioner claimed innocence and asserted that the injuries were minor and that the case was a retaliatory filing. The petitioner’s counsel argued lack of serious injury to the informant and clean antecedents, whereas the Additional Public Prosecutor opposed bail. The court examined the nature of the allegations, the risk of the petitioner fleeing or tampering with evidence, and the provisions of Section 482(2) of the B.N.S.S. for anticipatory bail. It ordered that the petitioner be granted anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs.10,000 and two sureties, and other conditions. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. given the nature of the alleged offences.
  • Whether the petitioner poses a risk of absconding, influencing witnesses, or tampering with evidence.
  • Whether the seriousness of the alleged injuries justifies denial of anticipatory bail.

Subjects

  • anticipatory bail
  • Section 482
  • Bharitya Nagrik Suraksha Sanhita
  • criminal procedure
  • bail bond
  • serious offences
  • injury assessment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18088 of 2026
                     Arising Out of PS. Case No.-361 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Aakif Khan @ Bhuar Son of Ekaramuddin Khan @ Jangali Resident of
                 Village- Fatehpur, P.S.- Mirganj, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari, Adv
                 For the Opposite Party/s :       Ms.Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   29-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The Petitioner is apprehending his arrest in

                   connection with Mirganj P.S. Case No. 361 of 2025 registered

                   for the offences punishable under Sections 126(2), 115(2),

                   191(2), 191(3), 190, 109, 125, 196, 299 and 324(4) of the BNS.

                                3. As per the prosecution case, when the informant

                   was on his way to his home after purchasing medicines, it is

                   alleged that all the 18 accused persons including petitioner and 8

                   to 10 unknown accused persons intercepted him and started

                   abusing him and it has been alleged that petitioner assaulted on

                   the head of the petitioner by means of iron rod and other co-

                   accused persons also assaulted him and when Harinder Sharma

                   tried to save the informant, the co-accused hit him by means of
Patna High Court CR. MISC. No.18088 of 2026(3) dt.29-04-2026
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          hockey stick due to which he sustained injury, another co-

          accused, namely, Jangali Khan assaulted him by means of lathi

          on his head. It has further been alleged that all the accused

          persons including the petitioner also assaulted the family

          members of the informant.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that initially there is an

          allegation of general and omnibus terms and although petitioner

          has assaulted the informant by means of iron rod but the injuries

          sustained by the informant are simple in nature and there is only

          one injury which is abrasion on frontal bone size- 2 inch and it

          is skin deep while the injury sustained by Harinder Sharma is

          grievous in nature which is specifically attributed to co-accused

          Shamsher Khan. It has further been alleged that it is a counter

          case to the case lodged by the mother of the petitioner. The

          petitioner claims clean antecedent.

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

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as well as the nature of allegation against the

          petitioner, let the above named petitioner, in the event of his
             Patna High Court CR. MISC. No.18088 of 2026(3) dt.29-04-2026
                                                         3/3




                       arrest/surrender within a period of six weeks from today, be

                       enlarged on anticipatory bail on furnishing bail-bond of Rs.

                       10,000/- (Rupees ten thousand) with two sureties of the like

                       amount each to the satisfaction of the learned court concerned,

                       Mirganj P.S. Case No. 361 of 2025, subject to the conditions as

                       laid down under Section 482(2) of the Bharitya Nagrik Suraksha

                       Sanhita (B.N.S.S.)

                                    7. This application stands allowed.



                                                  (Praveen Kumar, J)
niku/-

U        T


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