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Patna High Court

Aryan KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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