Patna High Court
Bahadur Khan @ Arif Khan @ Miyazi @ Md. Arif Khan Niyazi @ Arif Khyan MiyajiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted pre‑arrest bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, three residents of Bhagwan Bazar, sought pre‑arrest bail in a case (PS Case No. 329 of 2025) alleging extortion of Rs 15 lakhs, damage to property and theft, offences listed under the Bharatiya Nyaya Sanhita, 2023. They contended that the alleged incident occurred in a busy market area without any eyewitness or CCTV evidence and that the case was a false attempt to evict one petitioner from a leased house. The State opposed bail, emphasizing the specific extortion allegations. After hearing both sides and noting the petitioners' undertaking to cooperate, the court granted bail subject to a bond of Rs 10,000 with two sureties, one of whom must be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order also directed surrender within four weeks if arrested.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 despite serious extortion allegations.
- Whether the absence of eyewitnesses or CCTV footage warrants the grant of bail.
- Whether the petitioners' criminal antecedents affect the bail decision.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 308(2), 308(5), 324(4), 324(5), 3(5), 351(2), 351(3), 352
Subjects
- pre‑arrest bail
- extortion
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- criminal antecedent
- lack of evidence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70924 of 2025
Arising Out of PS. Case No.-329 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
1. Bahadur Khan @ Arif Khan @ Miyazi @ Md. Arif Khan Niyazi @ Arif
Khyan Miyaji Son of Late Ali Khan @ Md. Ali Khan Resident of Mohalla -
Bari Masjid, Nai Bazar, Police Station - Bhagwan Bazar, District - Saran.
2. Meraj Khan @ Meaj Alam @ Md. Meraj Son of Late Ayub Khan Resident
of Mohalla - Bari Masjid, Nai Bazar, Police Station - Bhagwan Bazar,
District - Saran.
3. Amir Khan @ Md. Amir Khan Son of Meraj Khan @ Md. Meraj Khan
Resident of Mohalla - Bari Masjid, Nai Bazar, Police Station - Bhagwan
Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Bhagwan Bazar P.S. Case No. 329 of 2025,
registered for the offences punishable under Sections 115(2),
126(2), 308(2), 308(5), 352, 351(2), (3), 324(4), (5) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. Allegation against the petitioners is of demanding
extortion of rupees fifteen lakhs by putting threat upon the
Patna High Court CR. MISC. No.70924 of 2025(3) dt.11-02-2026
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informant, besides there is allegation of damaging the office and
snatching away Rs. 2,60,000/- from the office of the informant.
4. Learned Advocate appearing on behalf of the
petitioners submitted that the entire occurrence is said to be
taken place in the office of the informant which is situated at
Raj Market Dak Bunglow Road, Bhagwan Bazar, a busiest
place, but surprisingly there is neither any eye witness to the
alleged occurrence, nor the police during the course of
investigation collect any CCTV footage. As a matter of fact, the
petitioner no. 1 executed a lease agreement on 24.12.2023 with
one Bibi Rehana Praveen, and the informant and his son, who
are also engaged in sale and purchase of immovable properties,
they wanted to grab the said house by putting pressure and the
present case is nothing but a move to oust the petitioner from
the said place. It is further contended that after the alleged
incidence, the muscle men of informant’s side have brutally
assaulted one Intekhab Khan, who is associated with the
petitioners with a view to put pressure which led to institution of
Bhagwan Bazar P.S. Case No. 325 of 2025. The sister of the
petitioner no. 3 has also filed an application before the
Superintendent of Police to investigate the matter in a right
direction, so that they can be absolved from the false
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implication. The petitioner nos. 2 and 3 have absolutely fair
antecedent, whereas the petitioner no. 1 bears one criminal
antecedent, which is arising out of a complaint case.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that there is a specific accusation against the petitioners of
committing crime of extortion.
6. Having heard the learned Advocate for the
respective parties and taking note of the materials collected
during the course of investigation, besides the previous dispute
as also the undertaking of the petitioners before this Court that
they will fully cooperate with the proceeding of the Court, let
the petitioners above named be released on bail, in the event of
their arrest or surrender before the court below within a period
of four weeks from the date of receipt/production of a copy of
this order, upon furnishing bail bonds of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
2nd, Saran at Chapra in connection with Bhagwan Bazar P.S.
Case No. 329 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
with the further condition that one of the bailors shall be the
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own/close family members of the petitioner.
(Harish Kumar, J)
supratim/-
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