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Patna High Court

Md. Mustafa Khan @ Hunni KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed anticipatory bail to the petitioner, subject to a bail bond and sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Md. Mustafa Khan, father of a co‑accused in a kidnapping case, applied for anticipatory bail fearing arrest under Sections 96, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita. The FIR alleged that the co‑accused Sammi Khan kidnapped a minor and that the petitioner threatened the informant, but the victim’s statement recorded under Section 183 of the Bharatiya Nyaya Sanhita did not name the petitioner. The petitioner asserted his innocence, clean antecedents and that he was implicated solely because of his relationship to the co‑accused. The State opposed the bail. The High Court, after considering the victim’s statement and the lack of any direct incriminating evidence against the petitioner, granted anticipatory bail subject to a bail bond of Rs 10,000 and two sureties, and imposed conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner who is not named in the victim’s statement but is the father of a co‑accused.
  • Whether the allegations against the petitioner constitute offences under Sections 96, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.
  • Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied for granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • victim statement
  • father of co‑accused
  • criminal procedure
  • bail conditions
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27278 of 2026
                      Arising Out of PS. Case No.-384 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Md. Mustafa Khan @ Hunni Khan S/o Kasim Khan R/o Village - Koba
                 Mohabbatpur, P.S - Lalganj, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hafiz Shahbaz Arif, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                   Heard learned counsels for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 96, 351(3), 3(5) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per F.I.R., co-accused Sammi Khan kidnapped

                   minor daughter of informant and when informant went to the

                   house of this petitioner to inquire, he was abused and threatened

                   him. Petitioner is father of co-accused Sammi Khan.

                                4. Learned counsel appearing for the petitioner

                   submits that petitioner is innocent and has committed no

                   offence. During investigation, victim was recovered and in her

                   statement, recorded under Section 183 BNSS, she has not

                   named this petitioner. Petitioner has been made accused in this
              Patna High Court CR. MISC. No.27278 of 2026(2) dt.29-04-2026
                                                          2/2




                        case merely because he is father of co-accused Sammi Khan.

                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering statement of the victim recorded under

                        Section 183 BNSS, this anticipatory bail is allowed and it is

                        ordered that the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Additional Chief Judicial

                        Magistrate-III, Vaishali at Hajipur in connection with Lalganj P.

                        S. Case No. 384 of 2025, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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