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Patna High Court

Afroj Khan @ Md Afroz KhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Afroj Khan, sought anticipatory bail fearing arrest in connection with P.S. Case No.211 of 2025, which alleged threats and a missing child linked to co-accused Sonu Hussain. The prosecution, based on the informant's complaint, alleged the petitioner’s involvement as a relative of the co-accused. The petitioner contended he was falsely implicated, had a clean record, and cited similar bail orders granted to co-accused. The State and the informant opposed the bail. Considering the circumstances, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the allegations and the pending investigation.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80102 of 2025
                 Arising Out of PS. Case No.-211 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua)
                 ======================================================
                 Afroj Khan @ Md Afroz Khan S/o Imtiyaz Khan @ Waju Khan R/o Village-
                 Ward No.16, Sakti Nagar, P.S- Bhabua, Dist- Kaimur.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    Mano Bibi W/o Nasim Kuraishi R/o Villagr- Chainur, P.S- Chainur, Dist-
                 Kaimur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Anupam, Advocate.
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, A.P.P.
                 For the Informant        :       Mr. Rajni Kant Pandey, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   06-01-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends his arrest in connection

                   with Chainpur P.S. Case No.211 of 2025 instituted under

                   Sections 96, 3(5) of the B.N.S., 2023.

                                3. As per the prosecution case, the informant alleged

                   that in connection with Chainpur P.S. Case No.109 of 2025,

                   pursuant to the Court’s order, she was given custody of the

                   victim girl, who is her daughter, but the accused persons

                   threatened them of dire consequences. On 24.04.2025, the

                   daughter of informant again went missing, thereafter the

                   informant went to the house of co-accused Sonu Hussain where
Patna High Court CR. MISC. No.80102 of 2025(2) dt.06-01-2026
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          Chottan Khan and his friend were present variously armed with

          weapons, threatened them to return or face consequences. The

          lady found chit of papers signed by her daughter, which has

          been annexed with the F.I.R.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case being the relative of the co-accused Sonu Hussain. He

          further submits that there is no material against the petitioner to

          implicate him in the present occurrence. Learned counsel

          submits that petitioner has got clean antecedent and he

          undertakes to cooperate in the investigation and trial of the case.

          He further submits that similarly situated co-accused persons

          have been granted bail by the Co-ordinate Benches of this Court

          vide orders dated 17.09.2025 & 19.11.2025 passed in Cr. Misc.

          No.65741 of 2025 and Cr. Misc. No.75284 of 2025 respectively.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have opposed the prayer for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, in the event

          of arrest or surrender before the Court below within six weeks

          from today, the petitioner be released on bail upon furnishing

          bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
              Patna High Court CR. MISC. No.80102 of 2025(2) dt.06-01-2026
                                                          3/3




                        sureties of the like amount to each to the satisfaction of the

                        learned Additional District & Sessions Judge-VI-cum-Special

                        Judge, POCSO, Kaimur at Bhabua in connection with Chainpur

                        P.S. Case No.211 of 2025, subject to the conditions laid down in

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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