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Patna High Court

Aman KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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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