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Patna High Court

Kalam Khan @ Kamal KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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