Patna High Court
Dawood Khan @ DawoodversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504, 506
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
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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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