Patna High Court
FAJAL ALI KHAN @ MD. AFJAL ALI KHAN @ AFJAL ALI KHAversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that bail should be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Fajal Ali Khan and Md. Shahnawaz Ahmad Khan, sought bail after an FIR was lodged alleging assault on an informant during a property dispute, with charges under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that petitioner No.1 struck the informant with an iron rod and petitioner No.2 injured him with the butt of a revolver. The petitioners contended they were innocent, highlighted familial relations with the informant, and argued the FIR was filed after an unjustified five‑day delay, casting doubt on the prosecution’s case. The State opposed bail, citing the seriousness of the offences and the petitioners’ prior criminal antecedents. After considering the facts, the court granted bail on the condition of a Rs.10,000 bond, two sureties, cooperation with the trial, and attendance at every trial date, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted despite the nature of the offences and the petitioners' prior criminal antecedents
- Whether the delay in filing the FIR raises sufficient doubt to merit bail
- Whether the property dispute and familial relationship affect the credibility of the prosecution's case
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- assault
- property dispute
- criminal antecedents
- section 482
- investigation cooperation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21335 of 2026
Arising Out of PS. Case No.-848 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
1. Fajal Ali Khan @ Md. Afjal Ali Khan @ Afjal Ali Kha S/o- Late Noor Alam
Khan R/v- Majhauli Ps- Vaishali Dist- Vaishali at Hajipur
2. Md. Shahnawaz Ahmad Khan @ Shahnawaz @ Masum Khan @ Md.
Shahnewaj S/o- Md. Imteyaz Ali Khan @ Imteyaz Ali Khan R/v- Majhauli
PS- Vaishali Dist- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 126(2), 115(2), 109, 303(2), 352,
351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per the prosecution case, when informant was in
his house, in the meantime, the petitioners came at the door of
the informant and started abusing him. On protest, petitioner no.
1 assaulted on head of the informant with iron rod and petitioner
no. 2 assaulted the informant by butt of revolver due to which
informant sustained injury.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.21335 of 2026(2) dt.18-04-2026
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petitioners are innocent and have committed no offence. Further
submission is that petitioner no.1 is own step brother of the
informant and petitioner no. 2 is own nephew of the informant
& petitioner no. 1 and due to property dispute between them, the
present F.I.R. has been lodged after a delay of five days without
any plausible reason, which itself creates a doubt over the
veracity of the prosecution case. Title Partition Suit Nos. 464 of
2023 and 466 of 2022 are also pending before the learned Sub-
Judge-1, Vaishali at Hajipur. The nature of the injury to the
injured is simple caused by hard and blunt substance. Although,
petitioner no. 1 has four criminal antecedents and petitioner no.
2 has three criminal antecedents but the same have been lodged
by the informant and his family members for the said property
dispute and petitioners are on bail in all the cases. Petitioners
undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
opposed the bail application.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, nature
of allegation and nature of injury, let the above named
petitioners be released on bail, in the event of arrest or surrender
before the learned court below within a period of six weeks
Patna High Court CR. MISC. No.21335 of 2026(2) dt.18-04-2026
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from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate-I, Vaishali at Hajipur
in connection with Vaishali P.S. Case No. 848 of 2025, subject
to the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita with further condition:-
(i) Petitioners shall co-operate in the trial and shall
remain present on each and every date during trial and in their
absence on two consecutive dates, the trial court is at liberty to
cancel their bail bonds.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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