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Patna High Court

Mahtab KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to grant pre‑arrest bail and directed the petitioner to surrender and seek regular bail before the district court.

Summary

The petitioner, Mahtab Khan, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 351(2) of the BNSS, alleging that he assaulted an informant with a knife and stole Rs.5,000. The FIR describes injuries to the informant’s head, neck, stomach and left hand. The learned court examined the seriousness of the offences and noted that a medical opinion was pending. It held that, given the nature of the allegations, the petitioner should surrender before the district court and apply for regular bail. The court directed the district court to consider the bail application on the same day and disposed of the pre‑arrest bail petition.

Issues considered

  • Whether pre‑arrest bail can be granted in a case involving multiple serious offences of assault and theft under the BNSS.

Legislation cited

  • BNSS — s. 109, 115(2), 118(1), 126(2), 303(2), 351(2), 352

Subjects

  • pre‑arrest bail
  • regular bail
  • assault
  • theft
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65618 of 2025
                     Arising Out of PS. Case No.-232 Year-2024 Thana- CHANDRADIP District- Jamui
                 ======================================================
                 Mahtab Khan S/o Nijam Khan R/o vill - Dinnagar, P.S.- Chandradeep, Distt.-
                 Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :       Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Chandradeep P.S.Case No.232 of 2024, registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1), 109,

                   303(2), 352 &351(2) of BNSS.

                                3. As per the allegation made in the FIR, the petitioner

                   assaulted the informant with knife on his neck, head and

                   stomach, as a result he sustained head injury. Petitioner again

                   tried to assault on the stomach of the informant, which was

                   saved by his hand; resulting the informant sustained injuries in

                   his left hand. It has also been alleged that the petitioner snatched

                   Rs.5,000/- from the pocket of the petitioner.
            Patna High Court CR. MISC. No.65618 of 2025(3) dt.21-01-2026
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                                   4. Considering the nature of offence as alleged against

                      the petitioner and the opinion of the Doctor being reserved, I

                      find it proper that if the petitioner so advised, he may surrender

                      before the learned district court and seek regular bail.

                                   5. The learned District Court is directed to consider

                      the bail application of the petitioner on the same day and pass

                      necessary order on the basis of materials available on the record

                      in accordance with law.

                                   6. With the above observation/direction, the present

                      application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T


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