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Patna High Court

Dawood Khan @ DawoodversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to petitioner No.2, Aftab Khan, subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioners Dawood Khan and Aftab Khan were implicated in a case (PS Case No.28 of 2021) alleging assault and other offences under several IPC sections. Dawood Khan sought to withdraw his anticipatory bail application, which the Court permitted, resulting in dismissal of his petition. Aftab Khan then applied for anticipatory bail, claiming a clean antecedent and that the allegations were false, with the injury to the informant described as simple. The State opposed the bail, but the Court considered the petitioner's submissions, the nature of the alleged injuries, and the lack of substantive evidence. Consequently, the Court ordered that Aftab Khan be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to petitioner No.2, Aftab Khan, in the offences alleged under IPC sections 341, 323, 324, 379, 307, 504, 506 and 34.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • false implication
  • bail conditions
  • criminal trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30910 of 2025
                       Arising Out of PS. Case No.-28 Year-2021 Thana- DUMARIYA District- Gaya
                 ======================================================
           1.     Dawood Khan @ Dawood son of Abdul Wadood Khan @ Wadood Khan
                  Village- Khaira, Post- Adarchak, Ps- Dumariya, Dist- Gaya
           2.    Aftab Khan Son of Nemat Navi Khan Village- Khaira, Post- Adarchak, Ps-
                 Dumariya, Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar Singh
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   09-02-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The learned counsel for the petitioners, after some

                   argument, seeks permission to withdraw the instant anticipatory

                   bail application with respect to the petitioner no.1, Dawood

                   Khan @ Dawood.

                                3. Permission is accorded.

                                4. Accordingly, instant petition is dismissed as

                   withdrawn with respect to the petitioner no.1, Dawood Khan @

                   Dawood.

                                5. The petitioner no.2 seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.30910 of 2025(4) dt.09-02-2026
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          Sections 341, 323, 324, 379, 307, 504, 506, 34 of the Indian

          Penal Code.

                       6. The learned counsel for the petitioner submits that

          the petitioner no.2 is a person with clean antecedent and in sum

          and substance the informant alleges that he has a business of

          Dairy and when he along with his brother were returning by

          their motorcycle from Imamganj, when they were intercepted by

          the accused persons including the petitioner and Dawood Khan

          assaulted his brother by farsa and thereafter co-accused

          Shamshad assaulted his brother by garasa causing injury on

          head and Aftab assaulted informant by an iron rod causing

          injury on head and thereafter, co-accused Neimat Nabi Khan

          also assaulted by iron rod indiscriminately causing fracture of

          hand of the brother of the informant.

                       7. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that against

          the petitioner, it is alleged that he assaulted the informant by

          iron rod causing injury on head, but then, the injury suffered by

          the informant has been opined to be simple in nature. It is also

          submitted that police after investigation submitted final form in
               Patna High Court CR. MISC. No.30910 of 2025(4) dt.09-02-2026
                                                           3/3




                         favour of Shamshad who is alleged to have assaulted the brother

                         of the informant along with Dawood Khan, but against Dawood

                         charge-sheet has been submitted.

                                      8. Learned A.P.P. Sri Chandra Bhushan Prasad

                         opposes the anticipatory bail application.

                                      9. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner no.2, above-named, in

                         the event of his arrest or surrender before the learned Court

                         below within a period of six weeks, is directed to be released on

                         bail on his furnishing bail-bonds in the sum of Rs. 10,000/-

                         (Rupees Ten Thousand) with two sureties of the like amount

                         each to the satisfaction of the learned Trial Court where the case

                         is pending/successor Court in connection with Dumariya P. S.

                         Case No.28 of 2021, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.

                                      10.        The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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