Patna High Court
Salman Khan @ RomiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
Salman Khan was arrested in a case of alleged extortion under Sections 308(5) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023, where co‑accused demanded Rs 10 lakh and threatened the informant with a pistol. The petitioner was named only in a confessional statement of co‑accused Niku Pandey and no other material linked him to the offence. The petitioner argued that he was falsely implicated and highlighted the vague nature of the allegations and his relatively clean antecedent. The State opposed bail, but the court noted the possibility of false accusation and the lack of substantive evidence. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the allegations under Sections 308(5) r/w 3(5) of the BNSS are sufficient to deny bail to the petitioner
- Whether the possibility of false accusation warrants the grant of bail
- Whether the petitioner’s antecedents affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 308(5), 3(5), 482(2)
Subjects
- extortion
- bail
- false accusation
- criminal procedure
- Section 308
- Section 482
- anticipatory bail
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28332 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- JANTA BAZAR District- Saran
======================================================
Salman Khan @ Romi Son of Shahnawaz Khan Resident of village - Basahi,
P.S.- Janta Bazar, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh, Advocate
Mr. Jivitesh Sisodia, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Janta Bazar P.S. Case No. 136 of
2025 registered for the alleged offence under Sections 308(5) r/w
3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, co-accused persons
demanded Rs. 10 lakh as extortion money from the informant and
threatened him showing pistol. The name of the petitioner
transpired during investigation for also being one of the miscreants
involved in the transaction of demand of extortion money.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case.
The petitioner has been named by co-accused Niku Pandey in his
Patna High Court CR. MISC. No.28332 of 2026(2) dt.04-05-2026
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confessional statement. Apart from that, there is no other material
against the petitioner. Moreover, even the allegation against the co-
accused persons is only of giving a threat and not making any
overt act towards this threat. The main allegation is against co-
accused Pushkar Pandey who has been granted anticipatory bail
vide order dated 26.11.2025 passed by a learned Co-ordinate
Bench in Criminal Misc. No. 61545 of 2025 and the said co-
accused was having antecedent of seven cases. But this petitioner
is having antecedent of two cases only.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
vague nature of allegation against the petitioner and further
considering the possibility of false accusation, let the petitioner
above named, in the event of his arrest or surrender before the
court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each to
the satisfaction of learned Judicial Magistrate-1st Class, Chapra,
Saran/court concerned in connection with Janta Bazar P.S. Case
No. 136 of 2025, subject to the condition laid down under Section
482(2) of BNSS and other following conditions:
Patna High Court CR. MISC. No.28332 of 2026(2) dt.04-05-2026
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(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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