Created by Fuzzy Cloud

Patna High Court

Jahandar KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court ordered that bail be granted to the petitioners, subject to a bond of Rs 10,000 and two sureties each.

Summary

The petitioners, Jahandar Khan and Sardar Khan, applied for bail in a case (Chainpur P.S. Case No.267 of 2024) involving multiple offences under the Bihar Non‑Compulsory Statutes (Sections 127(1), 115(2), 117(2), 109, 103(1), 352 & 3(5)) and the Arms Act (Section 27, later amended to include Sections 25(1‑b)a, 26 and 25). The prosecution alleged that the petitioners, along with others, assaulted an informant and his family. The petitioners argued that the FIR named 29 persons, the allegations were general, and similarly situated co‑accused had been granted bail in earlier cases (Cr. Misc. Nos. 88297 of 2024, 86778 of 2024 and 5262 of 2026). They had been in judicial custody since 23‑03‑2026. After hearing both sides, the Court found no substantive reason to deny bail and ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bihar Non‑Compulsory Statutes and the Arms Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • arms act
  • judicial custody
  • non‑bailable offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31667 of 2026
                 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua)
                 ======================================================
           1.     Jahandar Khan S/o Late Chhedi Khan R/o Village - Ward no. 10,
                  Sikandarpur, PS - Chainpur, District - Kaimur at Bhabua
           2.     Sardar Khan S/o Late Chhedi Khan R/o Village - Ward no. 10, Sikandarpur,
                  PS - Chainpur, District - Kaimur at Bhabua
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Parwej Khan, Advocate
                 For the State           :        Mr. Anil Kumar Singh No. 1, APP
                 For the Informant       :        Mr. Rajani Kant Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-05-2026                   Heard learned counsel for the petitioners, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioners have prayed for bail in connection

                   with Chainpur P.S. Case No.267 of 2024 registered for the

                   offence punishable under Sections 127(1), 115(2), 117(2), 109,

                   103(1), 352 & 3(5) of the BNS and under Section 27 of the

                   Arms Act and subsequently added Sections 25(1-b)a, 26 and 25

                   of the Arms Act on 02.08.2024.

                                 3. The case of the prosecution, in short, is that the

                   petitioners along with others have assaulted the informant and

                   his family members.

                                 4. Learned counsel appearing on behalf of the

                   petitioners has submitted that in this case altogether 29 persons
            Patna High Court CR. MISC. No.31667 of 2026(2) dt.12-05-2026
                                                        2/2




                      are named in the FIR. It has further been submitted that the

                      nature of allegation against these petitioners are general and

                      omnibus. It has further been submitted that similarly situated co-

                      accused have been granted bail by learned Co-ordinate Benches

                      of this Court vide Cr. Misc. Nos. 88297 of 2024, 86778 of 2024

                      and 5262 of 2026. Learned counsel for the petitioners has

                      submitted that the petitioners are in judicial custody since

                      23.03.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State and learned counsel for the Informant.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                      sureties of the like amount each to the satisfaction of the court

                      of learned Additional Chief Judicial Magistrate-Vth, Kaimur at

                      Bhabhua in connection with Chainpur P.S. Case No.267 of

                      2024.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.