Patna High Court
Kalam Khan @ Kamal KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed anticipatory bail to the petitioners subject to bail‑bond and surety conditions under Section 482(2) of the CrPC.
Summary
Kalam Khan and Azaz Khan, residents of Surbir village, sought anticipatory bail after being implicated in a 2014 case (PS No. 249) alleging they stabbed an informant, with charges under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. The petitioners claimed innocence, asserting that the allegations were false and motivated by personal enmity, and that the injuries were minor. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the facts and the nature of the injuries, granted anticipatory bail, directing that each petitioner furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The order applies if the petitioners are arrested or surrender within eight weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the IPC.
- Whether the alleged facts and the nature of injuries justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- false implication
- bail bond
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4344 of 2026
Arising Out of PS. Case No.-249 Year-2014 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Kalam Khan @ Kamal Khan Son of Khairul Khan Resident of village -
Surbir, P.S.- Maharajganj, Distt.- Siwan.
2. Azaz Khan @ Ejaj Khan Son of Ainul Khan Resident of village - Surbir,
P.S.- Maharajganj, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Kumari Anupam, Advocate
For the State : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 341, 323,
324, 307, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that these two
accused-petitioners stabbed informant with knife.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Both parties are co-villagers and
petitioners have falsely been implicated in this case with ulterior
motive. Doctor has found the injuries, allegedly caused by these
Patna High Court CR. MISC. No.4344 of 2026(2) dt.19-02-2026
2/2
petitioners, simple in nature.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the case
and nature of injuries sustained by the injured, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged 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 learned A.C.J.M. Vth, Siwan
in connection with Maharajganj P.S. Case No. 249 of 2014,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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