Patna High Court
Faiz KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail is to be granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Faiz Khan, sought bail in connection with FIR No.267/2024 alleging offences under the Bharatiya Nyaya Sanhita and the Arms Act for allegedly firing on Musa Kohar. He contended that he was falsely implicated, noting the absence of the victim's statement or injury report, and highlighted that co‑accused Zaid Jama Khan and Jisan Jama Khan had already been granted bail. The State opposed the bail application. The Court observed that the lack of substantive evidence against the petitioner and the precedent of bail to similarly situated co‑accused warranted relief. Consequently, the Court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑tampering with witnesses.
Issues considered
- Whether bail should be granted to the petitioner pending trial.
- Whether the FIR and available evidence justify denial of bail.
- Whether the bail granted to co‑accused is determinative for the petitioner’s bail application.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 117(2), 127(1), 3(5), 352, 482(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- co‑accused
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5262 of 2026
Arising Out of PS. Case No.-267 Year-2024 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Faiz Khan S/O Pravez Khan R/O Village- Sikandarpur, P.S- Chainpur,
District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parwej Khan
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Chainpur P.S. Case No.267 of 2024 dated
20.07.2024, registered for the offence punishable under Sections
127(1), 115(2), 117(2), 109, 103(1), 352 read with Section 3(5)
of the Bharatiya Nyaya Sanhita and Sections 27, 25(1-B)(a), 26
and 35 of the Arms Act.
3. As per the FIR, the petitioner and other co-
accused fired on one Musa Kohar.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. Referring to the contents of the FIR, he submits that the
allegation of firing upon Musa Kohar has been levelled against
Patna High Court CR. MISC. No.5262 of 2026(3) dt.24-02-2026
2/3
Zaid Jama Khan @ Gabbar and the present petitioner; however,
neither the statement of Musa Kohar nor any injury report
relating to him has been brought on record. Considering these
aspects, a coordinate Bench of this Court has granted bail to co-
accused Zaid Jama Khan and Jisan Jama Khan vide order dated
31.10.2025 passed in Cr. Misc. No. 86778 of 2024. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the fact that similarly situated co-
accused persons have been granted bail by coordinate Bench of
this Court, let the above named petitioner, be released on bail, in
the event of his arrest or surrender before the learned Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
ACJM-ii, Kaimur at Bhabhua/Successor Court in connection
with Chainpur P.S. Case No.267 of 2024 subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
Patna High Court CR. MISC. No.5262 of 2026(3) dt.24-02-2026
3/3
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
Checking your session…