Patna High Court
Perwez Khan @ Md. Asifuddin KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to specified bond and surety conditions.
Summary
The petitioner, Perwez Khan, feared arrest in a case involving numerous IPC offences and a provision of the Bihar Control of Use and Play of Loudspeaker Act, arising from a disturbance during a Durga immersion procession near a mosque. He asserted a clean antecedent and claimed false implication by the informant, arguing that the allegations were vague and omnibus. The State opposed his request for anticipatory bail. The court considered the petitioner's clean record, the nature of the alleged offences, and the precedent of a similar anticipatory bail order in Arslan Khan v. State. It granted anticipatory bail under Section 438(2) of the CrPC, subject to a bail bond of Rs.10,000 and two sureties, and conditioned the release on compliance with Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC given the seriousness of the alleged offences.
- Whether the allegations of assault and communal disturbance constitute sufficient ground to deny bail.
- Whether the petitioner's clean antecedent and claim of false implication merit the grant of anticipatory bail.
- Applicability of Section 9 of the Bihar Control of Use and Play of Loudspeaker Act in the bail determination.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120(B), 147, 148, 149, 153(A), 188, 290, 295, 295(A), 296, 307, 332, 333, 337, 338, 353, 427
Subjects
- anticipatory bail
- false implication
- communal disturbance
- IPC offences
- Loudspeaker Act
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77869 of 2025
Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
======================================================
Perwez Khan @ Md. Asifuddin Khan S/o- Late Md. Serajuddin Kha R/o
Mohalla - Near Choti Masjid Nai Bazar P.S - Bhagwan Bazar, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 147, 148, 149, 188, 290,
153(A), 295, 295(A), 296, 337, 338, 307, 332, 333, 353, 427 and
120(B) of the Indian Penal Code as well as Section 9 of the Bihar
Control of Use and Play of Loudspeaker Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the allegation is that
during the procession of immersion of Goddess Durga, a ruckus was
created when the idol reached near a Mosque and the procession was
stopped and chanting of slogan was resorted to on account of which
law and order situation arose.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the allegation as
Patna High Court CR. MISC. No.77869 of 2025(2) dt.05-02-2026
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alleged in the FIR, it would manifest that the allegation of assault and
abuse is general and omnibus in nature. It is also submitted that
Arslan Khan @ Kallu and Intekhab Khan @ Champion had
approached this Court seeking anticipatory bail by filing Cr. Misc.
No. 39854 of 2025 and the same came to be allowed by an order
dated 15.07.2025 passed by a learned Coordinate Bench of this
Court.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the event
of his arrest or surrender before the learned trial court within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/Successor Court in connection
with Bhagwan Bazar P.S. Case No. 423 of 2023, subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C./482(2)
of the BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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