Patna High Court
Mukhtar @ Mohd Shahzeb KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 121(1), 126(2), 132, 190, 191(2), 352
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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