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Patna High Court

Mukhtar @ Mohd Shahzeb KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, a 19‑year‑old resident of Gaya, sought bail in a criminal case registered under Sections 191(2), 190, 126(2), 121(1), 132 and 352 of the Bharatiya Nyaya Sanhita, alleging his involvement in a violent incident at a Chief Minister's inauguration. The prosecution alleged that a group of 30‑35 unidentified persons attacked police, and video footage purportedly identified the petitioner among the accused. The petitioner contended that he was implicated solely on suspicion, had no criminal record, and was willing to cooperate with the investigation. The State opposed the bail application, emphasizing the seriousness of the offences. Considering the petitioner’s young age, clean antecedent, and the lack of specific incriminating evidence, the court granted bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail can be granted in a case involving offences under Sections 121, 352 and others on the basis of suspicion alone
  • Whether the petitioner’s age and clean antecedent justify bail despite serious charges
  • Application of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • young age
  • clean antecedent
  • Section 482
  • serious offences
  • video evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32464 of 2026
                       Arising Out of PS. Case No.-274 Year-2026 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Mukhtar @ Mohd Shahzeb Khan Son of Md Zubair Khan Resident Of
                 Village- Horidih, Po- Jharna Saren, Ps- Neemchak Bathani, Dist- Gaya
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Arsam, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
2   13-05-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 191(2), 190, 126(2), 121(1), 132 and

                   352 of the Bharatiya Nyaya Sanhita.

                                   3. As per the prosecution case, it is alleged that 30-

                   35 unnamed accused persons came at the event of an

                   inauguration program by Chief Minister, Bihar, and tried to

                   breach the situation of law and order. When police personnel

                   tried to pacify the matter, the accused persons pushed the police

                   officials in which they sustained injuries. The whole incident

                   was video graphed and with the help of the same, police

                   identified the petitioner and others who were involved in the

                   alleged occurrence.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has committed
            Patna High Court CR. MISC. No.32464 of 2026(2) dt.13-05-2026
                                                        2/2




                      no offence. Further submission is that there is no specific

                      allegation against the petitioner, only on the basis of suspicion,

                      he has been implicated in this case. Petitioner is a young boy,

                      aged about 19 years, having no criminal antecedent. Petitioner

                      undertakes to cooperate in the investigation and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                     6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, young

                      age of the petitioner and his clean antecedent, let the above

                      named petitioner be released on bail, in the event of arrest or

                      surrender before the learned court below within a period of six

                      weeks from today, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned Additional Sessions Judge-II,

                      Patna in connection with Pirbahore P.S. Case No. 274 of 2026,

                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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