Patna High Court
Arbaj Ahmad Khan @ Arbaj Khan @ Arbaz Ahmad KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, Arbaj Ahmad Khan and Shahnawaj Khan, sought anticipatory bail after being implicated in a violent altercation with their informant, a close relative, over a land dispute. The prosecution alleged that the petitioners, while intoxicated and armed with lathis and iron rods, assaulted the informant, causing him to lose consciousness. The petitioners contended they were falsely implicated and offered to cooperate with the investigation. The State and the informant opposed the bail, arguing the seriousness of the offences under the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). Considering the facts, the court granted anticipatory bail on the condition of surrender within six weeks and furnishing bail bonds with sureties, invoking Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the B.N.S. for the alleged offences
- Whether the petitioners pose a risk of absconding or tampering with evidence
- Whether the underlying land dispute influences the bail decision
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126, 329(3), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal law
- assault
- land dispute
- B.N.S.
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88095 of 2025
Arising Out of PS. Case No.-412 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
1. Arbaj Ahmad Khan @ Arbaj Khan @ Arbaz Ahmad Khan son of Mustaq
Khan Resident of village -Koba Mohammadpur PS -Lalganj District
-Vaishali
2. Shahnawaj Khan @ Sonu Khan @ Shahnawaj Ahamad Khan son of Mustaq
Khan Resident of village -Koba Mohammadpur PS -Lalganj District
-Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
For the Informant : Md. Wasi Mohammad, Advocate
Md. Fardeen Abbas, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners, learned A.P.P.
for the State and learned counsel for the informant.
2. Petitioners apprehend their arrest in a case instituted
under Sections 126, 115(2), 109, 329(3), 352, 351(3) and 3(5) of
the B.N.S.
3. As per prosecution case, the accused persons including
petitioners having armed with lathi, iron rods in inebriated
condition came at the door of the informant and started abusing
him. On protest, petitioner no.2 Sonu Khan grabbed him by his
collar and started pushing. Meanwhile petitioner no.1 Arbaz
Khan started assaulting him with stick and co-accused Bholu
Khan with iron rod made the informant unconscious.
Patna High Court CR. MISC. No.88095 of 2025(2) dt.12-01-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. Petitioners and informant are close relatives. Petitioners
are nephews of the informant. There is land dispute between
both the parties. The altercation took place in which both sides
got injuries. Co-accused Bholu Khan was privileged on regular
bail by learned court concerned. Petitioners undertake to
cooperate in the investigation and trial.
5. Learned counsel for the informant and learned A.P.P.
for the State oppose 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 petitioners be released on bail on furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Court
concerned in connection with Lalganj P.S. Case No.412 of 2025,
subject to the conditions as laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
harish/-
U T
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