Patna High Court
Aliyas KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Aliyas Khan, sought anticipatory bail in connection with FIR No. 264 of 2025 alleging multiple offences under the BNS, 2023. He contended that he has a clean antecedent and that the FIR does not specifically allege his participation, merely labeling him as a member of the mob. The prosecution opposed the bail, arguing the seriousness of the offences. The court noted the absence of specific allegations against the petitioner, his clean record, and the fact that similarly situated co‑accused had already been granted anticipatory bail. Accordingly, the court granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure, including a bail bond of Rs.10,000 with two sureties and compliance with several behavioural conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR
- Whether the petitioner’s clean antecedent and lack of specific allegation justify the grant of bail
- Whether the conditions prescribed under Section 438(2) of the CrPC are appropriate in this case
Legislation cited
- BNS, 2023 — s. 103(1), 109, 115(2), 117(2), 118(1), 127(1), 190, 191(2), 191(3), 3(5), 351(2), 352, 76
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- clean antecedent
- Section 438
- Code of Criminal Procedure
- BNS 2023
- mob assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30832 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Aliyas Khan S/o Late Hashim Khan Resident of Village - Dargahi Tola, P.S. -
Baniyapur, Dist.-Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari. Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard Ms. Mili Kumari, learned counsel for the
petitioner and Mr. Amitesh Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Baniyapur P.S. Case No. 264 of 2025, F.I.R.
dated 14.06.2025 for the offences punishable under Sections
191(2), 191(3), 190, 127(1), 115(2), 118(1), 117(2), 109, 103(1),
76, 351(2), 352 and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons including this petitioner armed with weapons brutally
assaulted the informant and his family members due to some
previous dispute.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that the
petitioner has shown to be the member of mob and there is no
Patna High Court CR. MISC. No.30832 of 2026(2) dt.01-07-2026
2/3
specific allegation against the petitioner. In fact, the specific
allegation of assault is attributed against the co-accused Shoaib
Khan, Asad Ekbal, Shahnaz Khan, Irafel Khan and Jugnoo
Khatoon and at best the petitioner is member of the mob. She
further submits that the similarly situated co-accused, namely,
Anamul Haque @ Enamul Haque has been granted anticipatory
bail by a Co-ordinate Bench of this Court vide order dated
15.01.2026 passed in Cr. Misc. No. 88056 of 2025 and another
co-accused, namely, Chand Khan @ Abdul Mannan has also
been granted anticipatory bail by this Court vide order dated
12.01.2026 passed in Cr. Misc. No. 89162 of 2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is no specific
allegation against the petitioner and similarly situated co-accused
persons have been granted anticipatory bail by this Court and by
different Co-ordinate Bench of this Court, let the petitioner,
above named, in the event of his arrest or surrender before the
court below within a period of thirty days from the date of receipt
of the order, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate 1st
Patna High Court CR. MISC. No.30832 of 2026(2) dt.01-07-2026
3/3
Class, Saran, Chapra in connection with Baniyapur P.S. Case No.
264 of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure and with other
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.