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Patna High Court

Arshad Khan @ Arshad Ali @ Md. Arshad AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Arshad Khan applied for anticipatory bail after the police registered a case alleging his involvement in a violent assault on an informant on 1 April 2025, charging him under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner contended that he was innocent, that the incident was a mutual quarrel with no specific allegation of an overt act against him, and that he has a clean antecedent. The State opposed the bail application. Considering the nature of the accusations and the petitioner's clean record, the court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the allegations and his clean antecedent

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • clean antecedent
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6481 of 2026
                     Arising Out of PS. Case No.-213 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Arshad Khan @ Arshad Ali @ Md. Arshad Ali Son of Islam Khan Resident of
                 Village and P.S. - Bikramganj, Distt. - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 191(2), 190, 126(2),

                   115(2), 109(1), 74, 76, 351(2) of the Bharatiya Nyaya Sanhita

                   and Section 27 of the Arms Act.

                                3. As per prosecution case, on 01.04.2025 at about 11

                   AM, co-accused Aryan Khan misbehaved with the informant

                   and on protest, all the F.I.R. named accused persons, including

                   this petitioner brutally assaulted informant and others.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. On the

                   issue of eve-teasing, quarrel took place between the parties in

                   which both sides inflicted injuries on each other. Case and

                   counter case. Allegation of assault is general and omnibus and
              Patna High Court CR. MISC. No.6481 of 2026(2) dt.11-02-2026
                                                          2/2




                        there is no specific allegation of overt act against the petitioner.

                        Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation and clean

                        antecedent, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, 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, Bikramganj, Rohtas in connection with Bikramganj

                        P. S. Case No. 213 of 2025, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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