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Patna High Court

Chand Khan @ Abdul MannanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to conditions, as there is no specific allegation against him and he has a clean antecedent.

Summary

The petitioner, Chand Khan, was implicated in FIR No.264 of 2025 alleging assault on an informant’s family that resulted in the death of the informant’s husband. The prosecution charged him under multiple sections of the Bihar Negotiable... (B.N.S.) Act, but the FIR did not specifically name him as an assailant. The petitioner argued that he has a clean antecedent and that the allegations are fabricated. The Additional Public Prosecutor opposed bail. The court noted the absence of a specific charge against the petitioner, his clean record, and granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged in the FIR
  • Whether the lack of a specific allegation against the petitioner in the FIR warrants bail
  • Whether the petitioner’s clean antecedent justifies the grant of bail under Section 438 CrPC

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • clean antecedent
  • false FIR
  • assault
  • murder
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.89162 of 2025
                       Arising Out of PS. Case No.-264 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Chand Khan @ Abdul Mannan S/ O Anwar Khan @ Anwar Ali Resident Of
                 Village - Karah Dargahi Tola,P.S- Baniapur,Dist- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s        :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                    Heard Mr. Chandra Mohan Jha, learned counsel for

                   the petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. The petitioner is apprehending his arrest 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, 3(5) of the B.N.S.

                                3. According to prosecution case, the petitioner and

                   other co-accused persons are 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 petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.89162 of 2025(2) dt.12-01-2026
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          implicated in the present case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          Although, there is specific allegation in the F.I.R. that the 20

          unknown persons entered into the house of the informant and

          assaulted the informant and her family members. From perusal

          of the F.I.R., it appears that there is no specific allegation of

          assault against the petitioner in the F.I.R. The said allegation is

          attributed against the other co-accused persons.

                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is no specific

          allegation of assault against the petitioner, let the petitioner,

          above named, in the event of his arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, 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 J.M., 1 st Class,

          Saran at Chapra in connection with Baniyapur P.S. Case No.

          264 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Code of Criminal Procedure/Section
            Patna High Court CR. MISC. No.89162 of 2025(2) dt.12-01-2026
                                                        3/3




                      482(2) of BNSS, 2023 and with other following conditions:

                                   i. Petitioner 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 her absence on two consecutive dates without sufficient

                      reason, her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers 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 petitioner and in case at

                      any stage it is found that the petitioner has concealed his crimi-

                      nal antecedent, the court below shall take step for cancellation

                      of bail bond of the petitioner. However, the acceptance of bail

                      bonds in terms of the above-mentioned order shall not be de-

                      layed for purpose of or in the name of verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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