Patna High Court
Md. Yunus KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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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