Patna High Court
Shamin Khan @ Md .Samim Khan @ Samimuddin KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail as the charges lack specific incriminating allegation and the presumption of innocence prevails, subject to conditions.
Summary
Shamin Khan was arrested on 4 March 2026 in connection with a case alleging gun‑shot injuries to an informant and his family, under Sections 118(2), 109(1), 3(5) of the B.N.S. and Section 27 of the Arms Act. The petitioner sought bail, claiming he was falsely implicated and that the FIR contains only a generic allegation against all accused without specific reference to his act. The informant and the State opposed bail, asserting that the petitioner fired the weapon and caused grievous injury. The High Court, after considering the submissions, held that the lack of a specific incriminating allegation and the presumption of innocence warranted the grant of bail, subject to strict conditions. Accordingly, the court ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions of cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged offences under the B.N.S. and the Arms Act
- Whether the FIR contains specific allegations sufficient to deny bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- presumption of innocence
- conditions of bail
- gun‑shot injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36608 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- SIKANDRA District- Jamui
======================================================
Shamin Khan @ Md .Samim Khan @ Samimuddin Khan S/o Mateen Khan
@ Matin Khan Resident of Village - Zakra @ Jakhara, P.S.- Sikandra, District
- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
For the Informant : Mr. Bhim Sen Prasad, Advocate
For the State : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr. Rakesh Kumar Sharma, learned counsel for
the petitioner, Mr. Bhim Sen Prasad, learned counsel for the
Informant and Mr. Anuj Kumar Shrivastava, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
04.03.2026, in connection with Sikandra P.S. Case No. 51 of 2026,
F.I.R. dated 01.03.2026 registered for the offences punishable
under Sections 118(2), 109(1), 3(5) of the B.N.S. and Section 27
of the Arms Act.
3. There is allegation against the petitioner and others
for causing gun shot injury to the informant and his family
members.
4. Learned Senior counsel for the petitioner submits that
Patna High Court CR. MISC. No.36608 of 2026(2) dt.15-06-2026
2/3
the petitioner is innocent and he has been falsely implicated in the
present case. He further submits that although the petitioner is
named in the F.I.R. but from perusal of the F.I.R. it appears that
there is no specific allegation of any assault or overt act or firing
attributed against the petitioner rather there is general and omnibus
allegation against all the accused persons including the petitioner.
He further submits that during investigation it has come that the
petitioner is only the order given and he has no role at all in the
present occurrence and petitioner is suffering from several diseases
as is evident from Annexure-4 series. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 04.03.2026.
5. Learned counsel for the Informant as well as learned
Additional Public Prosecutor for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has fired upon the victim and he has
received the bullet injury and nature of injury is grievous in nature.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Jamui in connection with Sikandra
P.S. Case No. 51 of 2026, subject to the following conditions :-
Patna High Court CR. MISC. No.36608 of 2026(2) dt.15-06-2026
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(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
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