Patna High Court
Arshad Khan @ Arshad Ali @ Md. Arshad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 351(2), 74, 76
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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