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Patna High Court

Arsalan Khan @ Asraslan KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.

Summary

Arsalan Khan applied for bail in a criminal case (Chainpur P.S. Case No.267 of 2024) involving offences under several sections of the BNS and the Arms Act, including assault on an informant and his family. The prosecution alleged that Khan and others assaulted the informant, while the defence argued that the charges were general, that 29 persons were named in the FIR, and that similarly situated co‑accused had been granted bail in earlier cases. Khan had been in judicial custody since 23 March 2026. The court considered the nature of the allegations, the precedent of bail to co‑accused, and the fact that the petitioner had been detained for over a month. Finding no compelling reason to deny bail, the court ordered that Khan be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the BNS and the Arms Act
  • Whether the general and omnibus nature of the allegations justifies denial of bail
  • Whether precedent of bail granted to co‑accused in similar cases warrants granting bail in the present case

Legislation cited

  • Arms Act — s. 25, 25(1-b)a, 26, 27
  • BNS — s. 103(1), 109, 115(2), 117(2), 127(1), 3(5), 352

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • assault
  • judicial custody
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31669 of 2026
                 Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua)
                 ======================================================
                 Arsalan Khan @ Asraslan Khan Son of Jahandar Khan Resident of Village-
                 Ward No. 10, Sikandarpur, P.S.- 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. Rajiv Nayan, 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 petitioner, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioner has 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

                   petitioner along with others have assaulted the informant and his

                   family members.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that in this case altogether 29 persons
            Patna High Court CR. MISC. No.31669 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 this petitioner is 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 petitioner has

                      submitted that the petitioner is 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 petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

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

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