Patna High Court
Aryan KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to a bond and surety conditions.
Summary
Aryan Khan, a 19‑year‑old resident of Nawada, was arrested in connection with an FIR alleging that he abused an informant and assaulted him with a knife, causing a simple injury. He was charged under Sections 126(2), 115(2), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita. The petitioner contended that he was falsely implicated due to a personal enmity, highlighted his clean antecedents, and submitted a medical report indicating the injury was minor. The State opposed bail, arguing the seriousness of the offences. After considering the facts, the court granted bail on the condition of a Rs.10,000 bond, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, should the petitioner be arrested or surrender within six weeks.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under Sections 126(2), 115(2), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita
- Whether the petitioner poses a flight risk or threat to the investigation
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are sufficient
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 351(2), 352
Subjects
- bail
- criminal procedure
- assault with knife
- simple injury
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77892 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- NEMDARGANJ District- Nawada
======================================================
Aryan Khan S/O Moti Khan R/O Village- Pithouri Tola, Itkori, P.S-
Nemdarganj, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 109, 352 and 351(2) of
the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the petitioner abused the
informant and assaulted on his head with knife causing injury.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to previous enmity.
Further submission is that doctor has found the injury simple in
nature. Petitioner is young boy of 19 years having clean
antecedent and he undertakes to cooperate in the investigation
and trial.
Patna High Court CR. MISC. No.77892 of 2025(3) dt.11-02-2026
2/2
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Nawada in connection with Nemdarganj
P.S. Case No. 234 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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