Patna High Court
Jahandar KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25, 25(1-b)a, 26, 27
- Bihar Non‑Compulsory Statutes — s. 103(1), 109, 115(2), 117(2), 127(1), 3(5), 352
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/-
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