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Patna High Court

Mashum KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted pre‑arrest bail to the petitioner under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Mashum Khan, the petitioner, feared arrest in a case registered under sections 302 and 341 of the Indian Penal Code and section 27 of the Arms Act, where the FIR alleged that co‑accused Imtiyaz Khan and Amir Khan shot dead the father of an informant. The petitioner was not named in the FIR, and the medical report showed only one entry and one exit wound, contradicting the prosecution's version. The petitioner sought pre‑arrest bail, arguing lack of direct involvement and that a co‑accused had already been granted bail in a related matter. The State opposed the bail application. The Court, after considering the facts, granted pre‑arrest bail on the condition of a Rs.10,000 bond with two sureties, invoking section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging involvement in offences under IPC sections 302/341 and Arms Act section 27.

Legislation cited

Subjects

  • pre‑arrest bail
  • section 482
  • Indian Penal Code
  • Arms Act
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.51786 of 2025
                      Arising Out of PS. Case No.-15 Year-2022 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Mashum Khan Son of Late Daroga Khan Resident of Village - Basatpur,
                 Police Station - Mirganj, District – Gopalganj      ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raghav Prasad, Advocate
                 For the Opposite Party/s :       Mr.Satyendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   05-02-2026                   Heard learned counsel for the parties.
                                2. Petitioner apprehends arrest in a case registered for
                   the offence punishable under sections 302/341 of the Indian
                   Penal Code and section 27 of the Arms Act.
                                3. As per the prosecution case, four named and four
                   unknown persons indiscriminately made firing as a result of
                   which father of informant sustained injuries and died during
                   course of treatment.
                                4. It is submitted on behalf of the petitioner that as per
                   FIR, informant claims to be eye witness of the occurrence and it
                   is specific case of the informant that co-accused Imtiyaz Khan
                   and Amir Khan shot dead father of the informant. Petitioner is
                   not named in the FIR. Doctor found only one wound of entry
                   and another one wound of exit on the person of deceased and
                   thus it falsifies entire prosecution version. Similarly situated co-
                   accused has already been allowed bail by this Court vide order
                   passed in Cr.Mis.No. 41996/2022.
                                5. Learned counsel for the State opposes the prayer
                   for pre-arrest bail.
                                6. Considering the aforesaid facts of the case, prayer
                   for bail of this petitioner is allowed. In the event of
                   arrest/surrender within eight weeks from today, let this
             Patna High Court CR. MISC. No.51786 of 2025(3) dt.05-02-2026
                                                         2/2




                       petitioner, mentioned above, be enlarged on bail on furnishing
                       bail bond of Rs.10,000/- (ten thousand) with two sureties of the
                       like amount each to the satisfaction of Additional Chief Judicial
                       Magistrate X, Gopalganj in Mirganj Police Station Case No.
                       15/2022, subject to the conditions laid down under section 482
                       of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                             (Prabhat Kumar Singh, J)
Shashi

U        T


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