Patna High Court
Enaam KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted to the petitioner given the grave nature of the offences and the supporting evidence.
Summary
The petitioner, Enaam Khan, applied for regular bail in a criminal case (PS Case No. 535 of 2025) involving offences under the Bharatiya Nyaya Sanhita and the Arms Act, including assault, attempted murder and illegal possession of arms. He alleged that he was falsely implicated, while the State and the informant opposed the bail, asserting that the petitioner was the assailant of the deceased. The trial court’s witnesses and the post‑mortem report were said to support the prosecution’s case. Justice Sandeep Kumar examined the seriousness of the charges and the evidentiary material presented. Concluding that the petitioner was likely the principal assailant and that the nature of the allegations warranted custody, the Court refused to grant regular bail. The bail application was therefore dismissed, with the Court noting that its observations were limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the evidence on record, including witness testimony and the post‑mortem report, justifies denial of bail.
Legislation cited
- Arms Act — s. 25(1-AA), 26, 27, 35
- Bharatiya Nyaya Sanhita — s. 103, 115(2), 126(2), 3(5), 351(2), 352, 61(2)
Subjects
- bail
- criminal procedure
- serious offences
- assault
- arms act
- high court
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7933 of 2026
Arising Out of PS. Case No.-535 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Enaam Khan S/O Irshad Ahmad Khan Resident of Village- Ujari Sikthi, P.S-
Bhabhua, District- Kaimur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Allama Abdul Quadir Jamal Faridi, Advocate
For the State : Mr.Shyam Kumar Singh, APP
For the Informant : Mr. Kanhaiya Rao, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-06-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Bhabhua P.S. Case No. 535 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 103, 352, 351(2),
61(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections
25(1-AA), 26, 27 and 35 of the Arms Act.
3. The petitioner and other accused persons are said to
have brutally assaulted the informant and his brother and are
alleged to have shot the brother of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case.
Patna High Court CR. MISC. No.7933 of 2026(4) dt.23-06-2026
2/2
5. The petitioner is in custody since 01.07.2025.
6. Learned APP appearing for the State and learned
counsel for the informant have opposed the prayer for regular
bail of the petitioner.
7. The petitioner is the assailant of the deceased. The
witnesses in the course of trial have supported the case of the
prosecution. The postmortem report also supports the case of the
prosecution.
8. Considering the aforesaid facts and the nature of
allegation, I am not inclined to grant regular bail to the
petitioner.
9. Accordingly, the application stands dismissed.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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