Patna High Court
Mahaboob 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 a bond and specified conditions.
Summary
Mahaboob Khan was arrested on 12 January 2026 in connection with a case arising from an alleged knife attack on 4 April 2025, alleged under Sections 118(1), 109 and 351(2) of the Bharatiya Nyay Sanhita, 2023. The petitioner contended that the FIR was lodged 21 days after the incident to falsely implicate him and that the injuries were minor, asserting his innocence. The prosecution opposed bail, citing a prior criminal antecedent and the seriousness of the offences, while also noting that the petitioner was already on bail in the same matter. The High Court considered the delay in filing the FIR, the nature of the alleged injury, and the conditions for bail, and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was conditioned on the petitioner’s cooperation with the trial, appearance in court, and prohibition against tampering with evidence or concealing his criminal antecedent.
Issues considered
- What is the appropriate bail jurisprudence for offences under Sections 118(1), 109 and 351(2) of the Bharatiya Nyay Sanhita, 2023?
- Does the 21‑day delay in filing the FIR justify granting bail on the ground of suspicion of false implication?
- Should the petitioner’s prior criminal antecedent preclude the grant of bail?
- Are the conditions imposed by the court sufficient to safeguard the trial process?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 118(1), 351(2)
Subjects
- bail
- criminal procedure
- delay in FIR
- prior criminal antecedent
- assault
- Bharatiya Nyay Sanhita
- Sections 118(1) 109 351(2)
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25315 of 2026
Arising Out of PS. Case No.-243 Year-2025 Thana- BANJARIA District- East Champaran
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Mahaboob Khan S/o Abdul Mahaboob Khan Resident of Village- Ijara
Nawada, P.S- Sangrampur, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Dewanand Tiwari, learned counsel for the
petitioner as well as Mr. Yogendra Kumar Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.01.2026 in connection with Banjariya P.S. Case No. 243 of
2025, F.I.R. dated 25.04.2025 for the offences punishable under
Sections 118(1), 109, 351(2) of the Bharatiya Nyay Sanhita, 2023.
3. The prosecution case, in brief is that on 04.04.2025 at
about 09.00 P.M, when the informant and his friend were going to
their house on motorcycle, in the way, two persons came riding a
motorcycle and attacked the informant with knife, due to which he
received injury. It is further alleged that earlier the petitioner and
other accused person gave life threat to the informant and after
some days murder attempt was made upon him.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.25315 of 2026(2) dt.16-04-2026
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petitioner is innocent and he has falsely been implicated in the
present case merely on the basis of suspicion. It appears from the
FIR that date of the occurrence was on 04.04.2025 but the FIR
was lodge on 25.04.2025 i.e. after delay of about 21 days, after
thought, only to falsely implicate the petitioner. Although due to
the scuffle that took place on 04.04.2025, the informant received
injury but the injury report of the informant suggest that injury
inflicted upon him is simple in nature. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 12.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent other than
the present one but fairly submits on the basis of paragraph-3 of
the bail application that the petitioner is on bail in the said matter.
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 Judicial
Magistrate-I Class, East Champaran, Motihari in connection with
Banjariya P.S. Case No. 243 of 2025, subject to the following
conditions:-
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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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