Patna High Court
Md. Mustafa Khan @ Hunni KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 183, 3(5), 351(3), 96
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.