Patna High Court
Aman KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to Ali Khan but denied it to Aman Khan.
Summary
Aman Khan and Ali Khan were implicated in a case under several sections of the Bihar National Security Act, 2023, alleging robbery, assault with a knife and other offences. The petitioners sought anticipatory bail, claiming they have clean records and were falsely implicated, with the alleged assault arising from a dispute over a motorcycle. The State opposed bail, highlighting injuries to the victim, including knife wounds, and argued the seriousness of the offences. The court examined the specific allegations, noting that a direct charge of knife assault was made against Aman but not against Ali. It granted anticipatory bail to Ali Khan subject to bond and surety conditions under Section 482(2) of the CrPC, but refused bail to Aman Khan.
Issues considered
- Whether anticipatory bail should be granted to Aman Khan under the allegations of assault with a knife.
- Whether anticipatory bail should be granted to Ali Khan despite the same FIR.
- Whether the nature of the alleged offences justifies denial of anticipatory bail.
Legislation cited
- Bihar National Security Act, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- false implication
- assault
- knife injury
- Criminal Procedure Code
- Section 482
- Bihar National Security Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36954 of 2026
Arising Out of PS. Case No.-197 Year-2024 Thana- JALALPUR District- Saran
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1. Aman Khan S/o Toofan Khan R/o Village - Rudalpur, P.S. - Jalalpur, Saran,
Bihar.
2. Ali Khan S/o Toofan Khan R/o Village - Rudalpur, P.S. - Jalalpur, Saran,
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyadarshi Pankaj Raj Anand, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that his son was intercepted by Aman and Ali while he
was coming back home after receiving Rs. 10,000/- from
Tuntun Sharma, it is next alleged that the accused persons
snatched key of his motorcycle, on objection, Aman assaulted
him by knife on head causing injury and accused snatched
Patna High Court CR. MISC. No.36954 of 2026(2) dt.15-06-2026
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Rs. 10,000/-, further Saif assaulted by rod causing injury on
head, next alleges that Soni gave information about the
occurrence to the informant, thus, he reached the place of
occurrence and saw 10-15 accused were assaulting his son and
was able to identify ten accused persons including the
petitioners.
4. Learned counsel appearing on behalf of the
petitioners submits that petitioners have been falsely implicated
in the instant case by the informant, it is next submitted that
motorcycle of the victim dashed the petitioners on account of
which an altercation took place in which both sides assaulted
each other. It is further submitted that even presuming what has
been alleged is true without admitting then specific allegation of
assaulting the victim by knife causing injury on head is alleged
against Aman and as far as Ali is concerned, no specific
allegation is alleged against him.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners and submits that
from perusal of the order impugned, it would manifest that the
victim suffered three injuries out of which two are sharp cut
injuries, it is thus submitted that this amply demonstrates the
character of Aman that while assaulting he used a knife.
Patna High Court CR. MISC. No.36954 of 2026(2) dt.15-06-2026
3/3
6. After hearing the learned counsel for the parties,
the petitioner no. 2 (Ali Khan) above-named, in the event of
his arrest or surrender within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Jalalpur
P.S. Case No. 197 of 2024 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. However, the Court is not inclined to extend the
privilege of anticipatory bail to petitioner no. 1.
(Satyavrat Verma, J)
Rishabh/-
U T
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