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Patna High Court

Md. Yunus KhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application was rejected.

Summary

The petitioners, Md. Yunus Khan and Sarafraj Khan, filed an anticipatory bail application fearing arrest in connection with a criminal case (PS Case No. 596 of 2025) alleging assault with knives on the informant’s 15‑year‑old son. The FIR charges them under Sections 126(2), 115(2), 118, 109, 351(1) and 3(5) of the B.N.S. and also implicates a third accused, Aman Shabaj, whose bail was previously rejected by the Sessions Judge. The petitioners argued that the allegation of assault was omnibus and that there was no repetition of offence. The State, through the learned APP, produced the Sessions Judge’s order and medical evidence showing a fracture of the first metacarpal bone in the victim. Considering the seriousness of the injury and the material on record, the Court held that no relief could be granted and rejected the anticipatory bail application.

Issues considered

  • What is the appropriate exercise of discretion by the Court in granting or refusing anticipatory bail where the accused are alleged to have participated in a knife assault causing serious injury?

Legislation cited

  • B.N.S. — s. 109, 115(2), 118, 126(2), 3(5), 351(1)

Subjects

  • anticipatory bail
  • assault
  • knife attack
  • injury
  • criminal procedure
  • bail rejection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25503 of 2026
                   Arising Out of PS. Case No.-596 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
           1.     Md. Yunus Khan S/o Hiran Khan Resident of Mohalla- Shiv Bazar, P.S.-
                  Bhagwan Bazar, District- Saran at Chapra
           2.    Sarafraj Khan @ Moti S/o Hiran Khan Resident of Mohalla- Shiv Bazar,
                 P.S.- Bhagwan Bazar, District- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Rajni Kumari, Advocate
                 For the Opposite Party/s :      Mr.Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                  Heard Mrs. Rajni Kumari, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bhagwan Bazar P.S. Case No. 596 of 2025 instituted under

                   Sections 126(2), 115(2), 118, 109, 351(1), 3(5) of the B.N.S.

                   lodged on 28.10.2025 by the informant, Shobha Kumari.

                                3. The short FIR alleges that these two petitioners

                   beside Aman Shabaj assaulted by knifes on the head of the son

                   of the informant aged 15 years.

                                4. Learned counsel for the petitioner submits that

                   omnibus allegation of assault is on all the three persons and no

                   repetition is there.
             Patna High Court CR. MISC. No.25503 of 2026(2) dt.22-04-2026
                                                         2/2




                                    5. Learned APP has taken this Court to learned

                       Sessions Judge order to show that allegation has been made

                       against three persons, two of them before this Court, the bail of

                       Aman Sahbaj stands rejected as per the observation of learned

                       Sessions Judge. Further, it also shows that the injured suffered

                       fracture on the first metacerpal bone.

                                    6. Considering the submissions of the parties, as also

                       the injury that has been sustained by the informant’s son, no

                       relief can be extended.

                                    7. The anticipatory bail application stands rejected.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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