Patna High Court
Asadullah Khan @ Asdullah KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the allegations against the petitioners were general and did not establish any specific overt act, thereby granting bail to all ten petitioners.
Summary
The petitioners, ten individuals named in FIR No. 727 of 2025, were charged under Sections 191(1), 126(1), 115(1), 109(1) and 74 of the Bhartiya Nayay Sanhita for assaulting an informant, her husband and family members, causing injuries and firing a weapon. They contended that they were merely part of a mob, with no specific overt act proved, and that the incident stemmed from a neighbourhood dispute, not an intention to cause death. The State opposed bail, citing the seriousness of the offences and prior criminal antecedents of some petitioners. The Court examined the allegations, finding them general and omnibus, and noted the lack of concrete evidence linking each petitioner to a specific act. Consequently, the Court ordered that all ten petitioners be released on bail of Rs. 10,000 each, with two sureties, under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to bail under Section 482(2) of the Bhartiya Nayay Sanhita given the allegations of assault and firing.
- Whether the FIR sufficiently attributes overt acts to each petitioner to justify denial of bail.
Subjects
- bail
- criminal procedure
- mob assault
- Section 191
- Section 126
- Section 115
- Section 109
- Section 74
- Section 482(2)
- general allegations
- free fight
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27132 of 2026
Arising Out of PS. Case No.-727 Year-2025 Thana- DHAKA District- East Champaran
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1. Asadullah Khan @ Asdullah Khan S/o Rahamtullah Khan R/o Village -
Padari, P.S - Dhaka, District - East Champaran.
2. Karamtullah Khan S/o Rahamtullah Khan R/o Village - Padari, P.S - Dhaka,
District - East Champaran.
3. Sahabuddin Khan S/o Salauddin Khan R/o Village - Padari, P.S - Dhaka,
District - East Champaran.
4. Kyamuddin Khan S/o Wahedin Khan R/o Village - Padari, P.S - Dhaka,
District - East Champaran.
5. Ayetullah Khan S/o Ajmatullah Khan R/o Village - Padari, P.S - Dhaka,
District - East Champaran.
6. Gulmullah Khan S/o Ajmattullah Khan R/o Village - Padari, P.S - Dhaka,
District - East Champaran.
7. Adaut Khan @ Aadat Khan S/o Makki Ahmad Khan R/o Village - Padari,
P.S - Dhaka, District - East Champaran.
8. Muski Khan S/o Wakil Ahmad Khan R/o Village - Padari, P.S - Dhaka,
District - East Champaran.
9. Sahid Khan @ Shahid Khan S/o Wahedin Khan R/o Village - Padari, P.S -
Dhaka, District - East Champaran.
10. Ajamatullah Khan S/o Husnain Khan R/o Village - Padari, P.S - Dhaka,
District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Eashita Raj, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners named in FIR and
apprehending their arrest in connection with Dhaka P.S.
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Case No. 727 of 2025 registered for the offences
punishable under Sections 191(1), 126(1), 115(1), 109(1),
74 of Bhartiya Nayay Sanhita.
3. As per FIR, all petitioners alongwith further 10
named accused persons i.e. total of 20 persons assaulted
informant and her husband and other family members,
causing head and bodily injuries. A firing was also made for
creating terror.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that except petitioner no. 9, namely,
Sahid Khan, all petitioners are only members of mob and
they not alleged to attribute any overt act during the
occurrence. It is pointed out that even the allegation against
Sahid Khan as to drag the informant by holding her hair
alongwith three more co-accused persons is also not
convincing and same is appearing very much general and
omnibus in nature.
5. Arguing further, it is submitted by learned
counsel that occurrence took place due to neighbouhood
disputes and differences, for which the petitioner’s side
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lodged the case at its first instance, which was registered as
Dhaka P.S. Case No. 726/2025 and to counter the same,
the present false case was lodged. It is submitted that
occurrence is free fight in nature, therefore, it can be safely
said that the petitioners were not under intention to cause
death of the injured/informant. Petitioner's side also received
injuries during the occurrence.
6. Explaining criminal antecedent, it is submitted
that petitioner no. 1 found involved in one more criminal
case, where he is on bail and petitioner no. 10 found
involved in two more criminal cases, where he is also on bail.
7. Learned APP opposed the prayer of bail.
8. In view of aforesaid factual submissions and by
taking note of fact as allegation against petitioner nos. 1 to
8 and further petitioner no. 10 is only of part of mob without
attributing any overt act, whereas the nature of allegation
against petitioner no. 9, namely, Sahid Khan, as discussed
aforesaid is also appearing very much general and omnibus
in nature, accordingly, all above named ten petitioners, in
the event of their arrest or surrender before the learned trial
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Court, within a period of four weeks of the order, is directed
to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned S.D.J.M., East
Champaran at Motihari/concerned Court, where the case is
pending in connection with Dhaka P.S. Case No. 727 of
2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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