Patna High Court
Dara KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted after the charge is framed, subject to reasonable conditions, even though the petitioner had previously been denied bail.
Summary
The petitioner, Dara Khan, was arrested on 26‑08‑2025 in connection with a case involving offences under Sections 103(1) and 61 of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. His initial bail application was rejected, but he was later named in the FIR based on secret information and subsequently confessed. After the charge was framed by the trial court, the petitioner renewed his bail plea. The State opposed bail, noting two other pending cases in which the petitioner was already on bail. The High Court, considering the framing of charge and the petitioner’s right to bail after charge, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the District and Additional Sessions Judge‑III, Sherghati, Gaya.
Issues considered
- Whether the petitioner is entitled to bail after the charge has been framed despite a prior refusal.
- Whether the confession and secret‑information basis for naming the petitioner affect bail eligibility.
- Impact of the petitioner’s other pending cases on the bail decision.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 61
Subjects
- bail
- criminal procedure
- confession
- arms act
- narcotic law
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33161 of 2026
Arising Out of PS. Case No.-362 Year-2024 Thana- AMAS District- Gaya
======================================================
Dara Khan Son of Reyaz Khan @ Md. Reyaz Khan @ Rayas Khan Resident
of Village - Sihuli, P.S.- Amas, District - Gaya (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr.Rakesh Singh, learned counsel for the
petitioner and Mr.Abhay Kumar Roy, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
26.08.2025 in connection with Sessions Case No. 232 of 2026
arising out of Amas P.S.Case No. 362 of 2024, F.I.R. dated
23.10.2024 registered for the offence punishable under Sections
103(1),61 of BNS and Section 27 of Arms Act.
3. Earlier the prayer for bail of the petitioner was
rejected vide order dated 23.03.2026 passed in Cr. Misc. No.
6854 of 2026 with liberty to renew his prayer after framing of
charge.
4. Learned counsel appearing for the petitioner
submits that initially the petitioner was not named in the FIR.
Patna High Court CR. MISC. No.33161 of 2026(3) dt.08-07-2026
2/3
The name of the petitioner has been transpired during
investigation on the basis of the secret information. Thereafter
the petitioner has also confessed his guilt in the present
occurrence and except the aforesaid, nothing has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence. Learned counsel for the
petitioner submits that the charge has been framed against the
petitioner. It appears from the report of the learned Trial Court
dated 25.06.2026 that the charge has been framed against the
petitioner and now the case is pending for the prosecution’s
evidence and the petitioner is in custody since 26.08.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one but he fairly submits
that the petitioner is on bail in both the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, liberty granted to
the petitioner to renew his prayer after framing of charge vide
order dated 23.03.2026 and the report of the learned Trial Court,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned District and
Patna High Court CR. MISC. No.33161 of 2026(3) dt.08-07-2026
3/3
Additional Sessions Judge-III, Sherghati, Gaya in connection
with Sessions Case No. 232 of 2026 arising out of Amas
P.S.Case No. 362 of 2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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