Patna High Court
Bhuttu Khan @ Bhutu KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, citing his clean antecedent and lack of presence at the scene, subject to specified conditions.
Summary
Petitioner Bhuttu Khan, arrested on 15‑10‑2025 in connection with a case of assault and theft of an e‑rickshaw, sought bail. The prosecution alleged that unknown miscreants assaulted an informant and stole the e‑rickshaw, and that the petitioner had allegedly helped the co‑accused book the vehicle, though no direct allegation of assault or theft was made against him. The petitioner argued that he has a clean antecedent, was not present at the scene, and was falsely implicated because he is known to the informant. The Additional Public Prosecutor opposed bail. The court, noting the petitioner's clean record, lack of presence at the incident, and the circumstances of his custody, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to a petitioner with a clean antecedent and alleged non‑participation in the alleged offence?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(6), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- clean antecedent
- non‑appearance
- conditions of bail
- West Champaran
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26234 of 2026
Arising Out of PS. Case No.-505 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
Bhuttu Khan @ Bhutu Khan son of Alisher Khan @ Alisen Khan R/o Village
-Sansaraiya P.S. -Bettiah Mufassil, District -West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Kalim, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Asif Kalim, learned counsel for the
petitioner and Mr. Anil Kumar Singh No. 1, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.10.2025 in connection with Nautan P.S. Case No. 505 of
2025, F.I.R. dated 15.10.2025 for the offences punishable under
Sections 309(6), 3(5) and 61(2) of the BNS, 2023.
3. According to prosecution case, some unknown
miscreants have assaulted the informant and snatched his E-
Rickshaw keys and took away the same.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits as per the FIR
the only allegation against the petitioner is that he has helped
Patna High Court CR. MISC. No.26234 of 2026(2) dt.20-04-2026
2/3
the co-accused persons to book E-Rickshaw and there is no
specific allegation of assault or theft attributed against the
petitioner. He further submits that the E-Rickshaw in question
has been recovered from the mango orchard and petitioner has
no concern at all from the present occurrence and informant has
made the petitioner accused in the present case because
petitioner is known to the informant. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 15.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, he was not present at the
place of occurrence as well as period of custody, 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 SDJM,
Bettiah, West Champaran in connection with Nautan P.S. Case
No. 505 of 2025, subject to the following conditions:-
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
Patna High Court CR. MISC. No.26234 of 2026(2) dt.20-04-2026
3/3
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)
Vanisha/-
U T
Checking your session…