Patna High Court
Arsalan Khan @ Asraslan KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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