Patna High Court

Salman KhurshidversusThe State of Bihar

Decided: 1 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted bail to the petitioners subject to bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Salman Khurshid and Md. Ehsan Khurshid, applied for bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, alleging they were falsely implicated in an assault on the informant's sons stemming from a land dispute. The State opposed the bail, arguing the seriousness of the offences. The petitioners contended innocence, lack of substantial evidence, and willingness to cooperate with investigation. The court examined the nature of the allegations, the petitioners' criminal antecedent, and the risk of tampering with evidence. Considering the circumstances, the court ordered bail on the condition of furnishing bonds and sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail is to be executed upon arrest or surrender within six weeks.

Issues considered

Whether bail should be granted to the petitioners pending arrest or surrender in a case involving multiple serious offences.
Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing witnesses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 191(2), 329(3), 351(2)

Subjects

bail
criminal procedure
anticipatory bail
section 191
section 329
section 126
section 115
section 117
section 109
section 351
section 482
land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6358 of 2026
                       Arising Out of PS. Case No.-126 Year-2025 Thana- MIRGANJ District- Purnia
                 ======================================================
           1.     Salman Khurshid S/O Md. Raza @ Md. Raju @ Suaiv Raja Resident of
                  Vill.- Rangpura, P.S.- Mirganj, Dist.- Purnea.
           2.    Md. Ehsan Khurshid @ Ehsan Alam S/O Md. Raza @ Md. Raju @ Suaiv
                 Raja Resident of Vill.- Rangpura, P.S.- Mirganj, Dist.- Purnea.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar Anand, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   01-04-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 191(2), 329(3), 126(2), 115(2), 117(2),

                   109 and 351(2) of Bharatiya Nyaya Sanhita.

                              3. As per the prosecution case, all the accused persons

                   including the petitioners assaulted the sons of the informant, due

                   to which, they sustained injuries.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case due to suspicion. Further submission is that

                   petitioners and informant are agnates and due to land dispute,
            Patna High Court CR. MISC. No.6358 of 2026(4) dt.01-04-2026
                                                        2/2




                      some altercation took place between them. There is general and

                      omnibus allegation against the petitioners. Except the injury on

                      hand, other injuries are simple in nature. Petitioners have got

                      one criminal antecedent. They undertake to cooperate in the

                      investigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties and

                      nature of allegation, let the above named petitioners be released

                      on bail, in the event of arrest or surrender before the learned

                      court below within a period of six weeks from today, on

                      furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                      each with two sureties of the like amount each to the satisfaction

                      of learned Judicial Magistrate-I, Purnea in connection with

                      Mirganj P.S. Case No. 126 of 2025, subject to the conditions as

                      laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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