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Patna High Court

Jiyauddin Khan @ Khanauf KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, as the prosecution failed to produce material evidence of his complicity and the delay was unreasonable.

Summary

The petitioner, Jiyauddin Khan, sought anticipatory bail in connection with a 2018 case (PS No. 329) involving alleged offences under IPC sections 341, 307, 34 and Arms Act section 27. The incident involved an attack on the informant's friend by unknown assailants, after which the injured party named the petitioner as a conspirator, allegedly motivated by a political rivalry between the petitioner's wife and the injured party's wife. The police delayed six years before filing a requisition for an arrest warrant, which was issued on 28‑01‑2025. The State opposed bail, citing the petitioner’s three prior criminal antecedents and the alleged complicity. The Court held that antecedents alone do not justify denial of anticipatory bail absent cogent material, noted the lack of investigative evidence and the undue delay, and therefore granted anticipatory bail with conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite alleged involvement in offences under IPC and the Arms Act.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
  • Whether the delay of six years in obtaining an arrest warrant and lack of material evidence preclude granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • political rivalry
  • criminal antecedent
  • delay in investigation
  • Section 482
  • Indian Penal Code
  • Arms Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28380 of 2025
                  Arising Out of PS. Case No.-329 Year-2018 Thana- BRAHMPURA District- Muzaffarpur
                 ======================================================
                 Jiyauddin Khan @ Khanauf Khan S/o- Maulvi Alam Khan R/v- Jogauliya
                 Tola Gulab khan PS- Madhuban Dist-East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Y. C. Verma, Sr. Adv.
                                                 Mr.Eashita Raj, Adv.
                 For the State          :        Ms.Nirmala Kumari, Adv.
                 For the Informant      :        Mr. Nafisuzoha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

6   09-01-2026                   Heard Mr. Y. C. Verma, learned Senior Advocate for

                   the petitioner and learned Additional Public Prosecutor for the

                   State. The informant is represented through Mr. Nafisuzoha,

                   learned Advocate.

                                 2. The petitioner apprehends his arrest in connection

                   with Brahampura P.S. Case No. 329 of 2018, registered for the

                   offences punishable under Sections 341, 307/34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                 3. Allegedly, in the evening of the fateful day, while

                   the informant along with his friend, Umar Khan had gone to

                   Pathan Toli in connection with matrimonial alliance for his

                   daughter and when they were returning, in the meanwhile, they

                   heard the sound of firing from behind. Instantaneously, the
Patna High Court CR. MISC. No.28380 of 2025(6) dt.09-01-2026
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          informant’s friend, who was seated behind him, made screaming

          and said that someone has fired upon him. The informant saw

          that two unknown miscreants riding on a motorcycle fired thrice

          upon his friend. The injured was immediately taken to local

          Hospital and later on he was referred to SKMCH, Muzaffarpur.

                       4. Learned Senior Advocate for the petitioner

          referring to the FIR contended that admittedly the same has

          been instituted against the unknown miscreants and the

          informant claims to be an eye witness but he did not claim to

          identify any one, muchless the petitioner. No witness or any

          person at the place of occurrence had identified the actual

          assailant but surprisingly the injured later on named the

          petitioner as conspirator. The false implication of the petitioner

          is writ large for the simple reason that the petitioner’s wife

          Gudia Khatun contested an election for the post of Zila Parishad

          in Ward No. 54, East Champaran against the wife of injured

          Umar Khatun. Since the injured had been getting such

          impression that his wife lost the election because the petitioner

          did not stop his wife from contesting the election, hence there

          was a long standing hostility between the parties. The

          implication of the name of the petitioner is nothing but a move

          to settle the personal grudge. Despite the case being registered
Patna High Court CR. MISC. No.28380 of 2025(6) dt.09-01-2026
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          on 08.10.2018, the police took no steps against the petitioner for

          several years and it was only after a prolong delay that a

          requisition was filed before the Court and arrest of warrant was

          obtained against the petitioner on 28.01.2025. The police failed

          to take any steps for over six years as there was no material

          available on record. However, it appears that on political

          pressure and undue persuasion, the police obtained the warrant

          of arrest and thus the petitioner apprehending his arrest,

          approached before the competent court for grant of anticipatory

          bail. Learned Senior Advocate further contended that since the

          petitioner is actively engaged in politics having hostility from

          opponents which led to institution of some criminal cases and in

          such premise the petitioner is facing three criminal antecedent

          as has been disclosed in para-3 of the bail application. However,

          the petitioner is on bail in all the cases.

                       5. On the other hand, learned Advocate for the State

          and the learned Advocate for the informant vehemently opposed

          the bail application and submitted that the enmity is a sword

          which cuts both the sides. The injured has categorically stated

          before the police that in the incidence there appears to be

          complicity of the petitioner along with others, who were found

          nearby the place of occurrence. It is also contended that the
Patna High Court CR. MISC. No.28380 of 2025(6) dt.09-01-2026
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          petitioner bears three criminal antecedent and for this reason

          alone he does not deserve the privilege of anticipatory bail;

          besides he is evading his arrest since long.

                       6. Having considered the submissions set forth by the

          learned Sr. Advocate/Advocates for the respective parties and

          taking note of the mandate of the law that the criminal

          antecedent of the petitioner cannot be the sole ground to deny

          the privilege of pre-arrest bail unless there is cogent material

          showing complicity of the person in the crime as also the fact

          that save and except the suspicion regarding complicity of the

          petitioner in the crime, as has been disclosed by the injured,

          whose statement was recorded after nine days of the occurrence,

          that too on account of previous enmity, there is no other

          materials collected during the course of investigation; besides

          the other facts that for the first time the police has filed

          requisition for warrant of arrest against the petitioner after a

          delay of six years and obtained the same on 28.01.2025, let the

          petitioner abovenamed be released on bail, in the event of his

          arrest or surrender before the court below within a period of four

          weeks from the date of receipt/production of a copy of this

          order, upon furnishing bail bonds of Rs.20,000/- (twenty

          thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.28380 of 2025(6) dt.09-01-2026
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                     satisfaction of the learned Principal District and Sessions Judge,

                     Muzaffarpur in connection with Brahampura P.S. Case No. 329

                     of 2018, subject to the conditions laid down in Section 482(2) of

                     the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further

                     condition that one of the bailors shall be the own/close family

                     members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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