Patna High Court
Shahid Khan @ Anwaroo Haque KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the FIR’s extortion allegation was vague and did not specify any amount, satisfying the criteria under Section 482(2) of the BNSS.
Summary
The petitioner, Shahid Khan, was arrested in connection with a 2014 case alleging extortion under Sections 387, 347 and 34 of the IPC, based on a FIR that alleged he demanded money from an informant related to a construction contract. The petitioner’s counsel argued that the extortion allegation was vague, lacking any specific amount, and amounted to a general, omnibus charge intended to falsely implicate him. The Additional Public Prosecutor opposed bail. The court examined the FIR and found that it did not disclose the amount demanded, rendering the charge prima facie vague. Consequently, the court directed that the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was issued pending trial in the trial court.
Issues considered
- Whether bail can be granted when the FIR contains vague and omnibus allegations of extortion without specifying the demanded amount
- Whether Section 482(2) of the BNSS permits the release of the accused on bail in such circumstances
Legislation cited
- Bihar Negotiable Security Act — s. 482(2)
- Indian Penal Code — s. 34, 347, 387
Subjects
- bail
- extortion
- vague FIR
- IPC
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31052 of 2026
Arising Out of PS. Case No.-161 Year-2014 Thana- PAKRIDAYAL District- East Champaran
======================================================
Shahid Khan @ Anwaroo Haque Khan S/O Shahabuddin Khan @ Sahabudin
Khan Resident of village- Chorma, P.S- Pakaridayal, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his arrest
in connection with Pakaridayal P.S. Case No. 161 of 2014
registered for the offences punishable under Sections 387,
347, 34 of the Indian Penal Code.
3. As per FIR, petitioner was alleged to demand for
extortion money from the informant alongwith other co-
accused persons against construction work allotted to his
company i.e. M/s Raja Sah Construction, where the
informant was working as a Munshi.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the allegation of demanding
Patna High Court CR. MISC. No.31052 of 2026(2) dt.13-05-2026
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dowry is appearing very much general and omnibus in
nature. It is pointed out that allegation raised in a very
vague manner just to implicate falsely as not even the
extortion amount was alleged to demand. It is pointed out
that admittedly no money was delivered to petitioner in
furtherance of demand. While concluding the argument, it is
pointed out that petitioner found involved in one more
criminal case, where he is on bail
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as the allegation of demanding extortion
money prima facie appearing very much general and
omnibus in nature, where FIR not even appears to disclose
the amount, which was demanded as extortion, accordingly,
above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of
four weeks of the order, is directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned Additional Chief Judicial Magistrate 8, East
Patna High Court CR. MISC. No.31052 of 2026(2) dt.13-05-2026
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Champaran, Motihari/concerned Court, where the case is
pending in connection with Pakaridayal P.S. Case No. 161 of
2014 subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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