Patna High Court
Sahjad Khan @ Shajad KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners with conditions, finding no specific allegation against them and noting their clean antecedent.
Summary
Petitioners Israfil Khan and Sahjad Khan, arrested on 15 June 2025 in connection with FIR No. 264/2025 alleging assault leading to the death of an informant's husband, sought bail. The prosecution alleged they participated in the assault, but the petitioners argued they have clean antecedents and that the FIR contains only generic allegations without specific acts against them. The court noted that a co‑accused, Chand Khan, had already been granted anticipatory bail, and that the FIR lacked detailed charges against the petitioners. Considering the absence of specific allegations, the petitioners' clean record, and the precedent of anticipatory bail, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate‑1st Class, Chapra.
Issues considered
- Whether bail should be granted to the petitioners despite the FIR alleging assault and homicide.
- Whether the lack of specific allegations against the petitioners warrants bail.
- Whether the clean antecedent of the petitioners and the grant of anticipatory bail to a co‑accused influence the bail decision.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 118(1), 127(1), 190, 191(2), 191(3), 3(5), 351(2), 352, 76
Subjects
- bail
- anticipatory bail
- criminal procedure
- clean antecedent
- FIR
- Bharatiya Nyay Sanhita
- assault
- homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77971 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Israfil Khan @ Isarafal Khan S/O Mahadin Khan Resident of village - Karah,
P.S- Baniyapur, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 81323 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Sahjad Khan @ Shajad Khan S/o Idirish Khan Resident of Karah Dargahi
Tola, PS- Baniyapur, Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 77971 of 2025)
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
For the Informant : Mr. Dhananjay Kumar Tiwary, Advocate
(In CRIMINAL MISCELLANEOUS No. 81323 of 2025)
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Aryan Singh, learned counsel for the
petitioner and Mr. Jharkhandi Upadhyay, learned Additional
Public Prosecutor for the State (in Cr. Misc. No. 77971 of 2025)
and Mr. Sanjeev Kumar, learned counsel for the petitioner as
well as Mr. Anil Kumar Singh No. 1, learned Additional Public
Prosecutor for the State (in Cr. Misc. No. 81323 of 2025) and
Patna High Court CR. MISC. No.77971 of 2025(3) dt.22-01-2026
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Mr. Dhananjay Kumar Tiwary, learned counsel for the
Informant.
2. Petitioners seek bail who are in custody since
15.06.2025 in connection with Baniyapur P.S. Case No. 264 of
2025, F.I.R. dated 14.06.2025 for the offences punishable under
Sections 191(2), 191(3), 190, 127(1), 115(2), 118(1), 117(2),
109, 103(1), 76, 351(2), 352 and 3(5) of the Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, the petitioner and
other co-accused persons ae alleged to have assaulted the
informant and her family members. Due to assault her husband
got grievous injury and died during the treatment.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they falsely been
implicated in the present case. The allegation levelled against
the petitioners is false and fabricated. Although the petitioners
are named in the FIR but from bare perusal of the FIR it appears
that there is no specific allegation of assault or overt act against
them rather there is general and omnibus allegation against all
the accused persons including the petitioners. It appears from
the FIR that FIR is in two parts, in first part there is no specific
allegation and in second part, specific allegation is attributed
Patna High Court CR. MISC. No.77971 of 2025(3) dt.22-01-2026
3/4
against five persons including the petitioner, namely, Israfil
Khan @ Isarafal Khan, that he along with other co-accused
persons have assaulted the husband of the informant but injury
report of the husband of the informant suggest that he has
received only one injury which is falsify the case of the
prosecution and similarly situated co-accused person, namely,
Chand Khan @ Abdul Mannan has been granted the privilege of
anticipatory bail by this Court vide order dated 12.01.2026 in
Cr. Misc. No. 89162 of 2025. The police after investigation
submitted charge-sheet and the petitioners are in custody since
15.06.2025.
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent and there is no specific
allegation of assault or overt against the petitioners and
similarly situated co-accused person has been granted the
privilege of anticipatory bail by this Court , let the petitioners,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate-1st
Patna High Court CR. MISC. No.77971 of 2025(3) dt.22-01-2026
4/4
Class, Saran, Chapra in connection with Baniyapur P.S. Case
No. 264 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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