Patna High Court
Shabir Khan @ SabirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing his release upon furnishing the prescribed bond and sureties.
Summary
Shabir Khan was named in an FIR (Shikarpur PS Case No. 969 of 2025) for offences including assault, intimidation and a demand for Rs. 50,000, allegedly arising from a land dispute. The petitioner argued that the FIR was false, filed 45 days after the alleged incident without justification, and that the charges were vague and intended to aggravate the dispute. The State opposed the bail application, citing the seriousness of the offences and the petitioner's involvement in other criminal cases. The court noted the delay in lodging the FIR and the general, omnibus nature of the assault allegation, finding these factors sufficient to grant bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the delay of 45 days in filing the FIR and the general nature of the assault allegation justify granting bail to the petitioner.
- Whether the petitioner's involvement in other criminal cases precludes bail in the present matter.
Legislation cited
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Penal Code (BNS) — s. 115(2), 126(2), 140, 308(3), 3(5), 351(2), 352, 74
Subjects
- bail
- false FIR
- land dispute
- delay in filing FIR
- general allegation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39542 of 2026
Arising Out of PS. Case No.-969 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Shabir Khan @ Sabir Son of Jalil Khan Resident of Village - Bhudhava
Champapur, P.S.- Shikarpur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Shikarpur P.S. Case
No. 969 of 2025 registered for the offences punishable under
Sections 126(2), 115(2), 308(3), 74, 140, 352, 351(2) and 3(5)
of the BNS.
3. The allegation against petitioner is to assault
informant and his son and also to ask for ransom of Rs.
50,000/-.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that present false case was lodged in the
background of land dispute between the parties for which the
separate proceeding under Section 144 Cr.P.C. is pending. It is
pointed out that allegation of assault is only to aggravate the
allegations. It is further argued that present case was lodged
after 45 days of the occurrence without any just explanation,
Patna High Court CR. MISC. No.39542 of 2026(2) dt.18-06-2026
2/2
which also suggests false implication on its face. It is also pointed
out that allegation of physical assault is appearing very much
general and omnibus against this petitioner. While concluding
arguments, it is submitted that petitioner found involved in four
more criminal cases, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation qua physical assault is appearing
very much general and omnibus in nature, coupled with the fact
that FIR in issue was lodged with delay of 45 days without any
just explanation, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned CJM, Bettiah, West Champaran/concerned Court, where
the case is pending in connection with Shikarpur P.S. Case No.
969 of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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