Patna High Court
Wasim Khan @ Md. BaseemversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court ordered the release of both petitioners on bail, subject to specified conditions.
Summary
Petitioners Saurav Kumar and Wasim Khan (Md. Baseem) were arrested in connection with PS Case No. 284 of 2024, alleged to have assaulted the informant's son and grandson with weapons, resulting in the son's death. They sought bail, claiming innocence and that the informant was not an eye‑witness, with the FIR containing only general allegations. The prosecution opposed bail, highlighting prior criminal antecedents and a previous case against Saurav Kumar. The court examined the facts, the seriousness of the offences under the Bihar National Security Act, 2023 and the Arms Act, and the petitioners' custody periods. It granted bail to both petitioners on a Rs.10,000 bond with two sureties each, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused persons charged under multiple sections of the Bihar National Security Act, 2023 and the Arms Act despite their criminal antecedents and the seriousness of the alleged offences.
Legislation cited
- Arms Act — s. 27
- Bihar National Security Act, 2023 — s. 103(1), 109, 115(2), 118(1), 118(2), 126(2), 127(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 61(2)
Subjects
- bail
- criminal antecedent
- assault
- murder
- Bihar National Security Act
- Arms Act
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21852 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Saurav Kumar Son of Ajay Kumar Singh Resident of Village- Hemanpur,
P.S.- Mohiuddin Nagar, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tarkeshwar prasad singh S/o late lalkishun Singh vill hemanpur ps
mohiuddin nagar dist samastipur
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 33341 of 2026
Arising Out of PS. Case No.-284 Year-2024 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Wasim Khan @ Md. Baseem S/o Md. Asim Khan @ Mohammad Ashik
Resident of village - Nawada, PS - Mohiuddin Nagar, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tapeshwar Prasad Singh S/o Late Lal Kishun Singh Resident of village -
Hemanpur, PS - Mohiuddinnagar, District - Samastipur (Informant)
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 21852 of 2026)
For the Petitioner/s : Mr. Anil Chandra, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
For the Informant : Ms. Archana Sinha, Sr. Advocate
Mr. Shubham Shankar, Advocate
(In CRIMINAL MISCELLANEOUS No. 33341 of 2026)
For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the Informant : Ms. Archana Sinha, Sr. Advocate
Mr. Shubham Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
6 10-07-2026 Heard Mr. Anil Chandra, learned counsel for the
petitioner, Ms. Archana Sinha, learned senior counsel for the
Patna High Court CR. MISC. No.21852 of 2026(6) dt.10-07-2026
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informant and Ms. Sangeeta Sharma, learned Additional Public
Prosecutor for the State in Cr. Misc. No. 21852 of 2026 and Mr.
Abhay Shankar Singh, learned counsel for the petitioner, Ms.
Archana Sinha, learned senior counsel for the informant and Mr.
Anil Kumar, learned Additional Public Prosecutor for the State
in Cr. Misc. No. 33341 of 2026.
2. Petitioners seek bail where petitioner, namely,
Saurav Kumar is in custody since 02.01.2026 and petitioner,
namely, Wasim Khan @ Md. Baseem is in custody since
24.02.2025 in connection with Mohiuddinnagar P.S. Case No.
284 of 2024, F.I.R. dated 15.12.2024 for the offences punishable
under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2),
118(1), 118(2), 109, 103(1), 61(2), 352, 351(2) and 351(3) of
the BNS, 2023 and Section 27 of the Arms Act.
3. According to prosecution case, all the accused
persons including these petitioners armed with sticks, iron rod,
pistol and axe have brutally assaulted the grandson and son of
the informant due to which his son died.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. From perusal of the FIR it appears that the
informant is not the eye witness of the alleged occurrence and
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he has filed the present case against the petitioners on the basis
of disclosure made by the deceased son of the informant. It
appears from the FIR that there is no specific allegation against
the petitioners rather there is general and omnibus allegation
against all the accused persons including these petitioners and
due to some petty dispute the present occurrence has taken
place. There is case and counter case between the parties and in
the counter case, petitioners have also received injuries and
petitioner namely, Saurav Kumar's brother also died. They
further submits that the police after investigation submitted the
charge sheet against the petitioners. The petitioner, namely,
Saurav Kumar is in custody since 02.01.2026 and petitioner,
namely, Wasim Khan @ Md. Baseem is in custody since
24.02.2025.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioners and submit that previously the
petitioner namely, Saurav Kumar was accused in another case
bearing Mohiuddin Nagar P.S. Case No. 50 of 2024 and due to
this reason the present occurrence has taken place and he was
arrested in that case but later on granted bail by the competent
Court of law. Thereafter, the police have submitted final form in
Patna High Court CR. MISC. No.21852 of 2026(6) dt.10-07-2026
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favour of the petitioner, namely, Saurav Kumar in that case.
Apart from that, petitioner, namely, Saurav Kumar carries ten
criminal antecedents other than the present one but fairly
submits that he is on bail in nine cases and one case is pending
for consideration before the competent court of law and
petitioner, namely, Wasim Khan @ Md. Baseem carries one
criminal antecedent other than the present one and he is also on
bail in the said case.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-VI-cum-Special Court
(POCSO), District- Samastipur in connection with
Mohiuddinnagar P.S. Case No. 284 of 2024, subject to the
following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
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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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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/-
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