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Patna High Court

Lal Mohamad KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to a monetary bond and specific conditions.

Summary

The petitioners, four residents of Nakardei village, were arrested in connection with FIR No.321 of 2024 alleging offences under several sections of the BNS and Section 27 of the Arms Act. They had earlier obtained anticipatory bail on 08.01.2025 but could not furnish bail bonds due to undisclosed criminal antecedents, leading to the dismissal of a subsequent anticipatory bail application on 23.09.2025. The petitioners argued that the FIR does not specifically allege any overt act by them and that the case involves a dispute between co‑accused parties. The State opposed bail, highlighting the petitioners' multiple pending criminal cases, although they are on bail in those matters. The Court, after considering the submissions, ordered that each petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • What is the appropriate exercise of discretion by the Court in granting bail to petitioners with multiple criminal antecedents under the BNS and Arms Act?
  • Whether the lack of specific allegations against the petitioners in the FIR justifies the grant of bail.

Legislation cited

  • Arms Act — s. 27
  • BNS — s. 109, 115, 117(2), 118(1), 126(2), 303(2), 3(5)

Subjects

  • bail
  • anticipatory bail
  • criminal antecedent
  • Arms Act
  • BNS
  • high court
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20991 of 2026
                   Arising Out of PS. Case No.-321 Year-2024 Thana- SUGAULI District- East Champaran
                 ======================================================
           1.     Lal Mohamad Khan S/o Rafik Khan @ Rafi Khan
           2.    Mazid Khan S/o Rafik Khan @ Rafi Khan
           3.    Bhuttu Khan @ Julfikar Ali Bhuttu @ Julfikar @ Julfikar Ali Bhattu @
                 Julfikar Ali S/o Rafik Khan @ Rafi Khan
           4.    Samsul Khan S/o Idrish Khan
                 All Resident of village - Nakardei, P.S.- Sugauli, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :         Mr.Zainul Abedin, APP
                 For the Informant        :         Mr. Krisha Kant Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   10-04-2026                  Heard Mr.Abhishek Kumar, learned counsel for the

                   petitioners, Mr. Krisha Kant Singh, learned counsel for the

                   informant and Mr.Zainul Abedin, learned A.P.P. for the State.

                                2. The petitioners seek bail, in connection with

                   Sugauli P.S.Case No.321 of 2024, F.I.R. dated 19.07.2024

                   registered      for        the   offence       punishable     under      Section

                   126(2),115,118(1),117(2),109,303(2),3(5) of BNS and Section

                   27 of the Arms Act.

                                3. Learned counsel appearing for the petitioners

                   submits that the petitioners have been granted privilege of

                   anticipatory bail vide order dated 08.01.2025 passed in Cr.
Patna High Court CR. MISC. No.20991 of 2026(2) dt.10-04-2026
                                            2/4




          Misc. No. 89048 of 2024 but the petitioners could not furnish

          their bail bonds due to their criminal antecedents which they

          have not mentioned in the criminal miscellaneous application.

          Thereafter, the petitioners have again moved before this Court

          for grant of anticipatory bail but the same was dismissed vide

          order dated 23.09.2025 passed in Cr. Misc. No. 62620 of 2025.

          Learned counsel for the petitioners submits that the petitioners

          have falsely been implicated in the present case. Although the

          specific allegation against the petitioners in the FIR but from a

          bare perusal of the FIR it appears that co-accused person,

          namely, Mintu Khan has assaulted to Junaid Khan and there is

          no specific allegation of any assault or overt-act attributed

          against the petitioner and the injury inflicted upon the injured

          person are simple in nature. There is case and counter case.

          Petitioner Nos.1 to 3 are in custody since 07.01.2026 and

          petitioner No.4 is in custody since 21.12.2025 respectively.

                       4. Learned counsel for the informant and learned APP

          for the State have vehemently opposed the prayer for bail of the

          petitioners and submits that petitioner No.1 carries four more

          cases, petitioner No.2 carries three more cases, petitioner No.3

          carries two more cases and petitioner No.4 carries five more

          cases other than the present one but fairly submits that
Patna High Court CR. MISC. No.20991 of 2026(2) dt.10-04-2026
                                            3/4




          petitioners are on bail in all the cases, as mentioned in para-3 of

          the bail petition.

                       5. Considering the aforesaid fact, let the petitioners,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate-

          1st Class, Motihari, East Champaran in connection with

          Sugauli P.S.Case No.321 of 2024, with the following

          conditions:-

                       (I) Petitioners 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 their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       (II) If the petitioners tamper 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 petitioners and in case at

          any stage, it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioners. However, the
               Patna High Court CR. MISC. No.20991 of 2026(2) dt.10-04-2026
                                                           4/4




                         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)
Nitesh/-

U          T


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