Azad Khan @ Ahad KhanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33276 of 2026
                   Arising Out of PS. Case No.-321 Year-2024 Thana- SUGAULI District- East Champaran
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                 Azad Khan @ Ahad Khan S/o Late Jan Mohammad Khan Resident of
                 Village- Nakardei, Ps- Sugauli, District- East Champaran Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-05-2026                      Heard Mr. Sanjay Kumar Tiwari, learned counsel for

                   the petitioner and Mr. Narendra Kumar Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   23.03.2026 in connection with Sugauli P.S. Case No. 321 of

                   2024, F.I.R. dated 19.07.2024 for the offences punishable under

                   Sections 126(2), 115, 118(1), 117(2), 109, 303(2) and 3(5) of the

                   BNS, 2023 and Section 27 of the Arms Act.

                               3.     Earlier the anticipatory bail application of the

                   petitioner was allowed vide order dated 08.01.2025 passed in

                   Cr. Misc. No. 89048 of 2024 by this Court but the bail bond of

                   the petitioner could not be furnished due to criminal antecedent

                   of the petitioner. Thereafter, the petitioner has moved before this

                   Court for modification of the order dated 08.01.2025 which was
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          dismissed vide order dated 23.09.2025.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. He further submits that there is case and counter

          case between the parties and the specific allegation of assault is

          against the co-accused, namely, Mintu Khan who has assaulted

          to the victim due to which he received injury but his injury

          report suggest that the injury is simple in nature. As per the

          allegation, there is no specific allegation of assault against this

          petitioner and number of co-accused persons have been granted

          bail by this Court and by Co-ordinate Bench of this Court. The

          petitioner is in custody since 23.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries five criminal antecedents other

          than the present one but fairly submits that he is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          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 the learned J.M. 1st

          Class, East Champaran, Motihari in connection with Sugauli
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                      P.S. Case No. 321 of 2024, subject to 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 absence on two consecutive dates without sufficient

                      reason, his 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)
Vanisha/-

U      T