Patna High Court
Irsad Ahmad Khan @ Kallu Khan @ Irshad Ahamad KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Irsad Ahmad Khan, was accused of assault with a sword, robbery and other offences under several sections of the Bharatiya Nyaya Sanhita arising from an incident on 20‑08‑2025. He applied for anticipatory bail, claiming innocence, a clean antecedent and that the injuries sustained were minor. The State opposed the bail application. The Court examined the nature of the accusations, the injuries, and the petitioner’s clean record, and decided to grant anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if the petitioner is arrested or surrenders within eight weeks, he shall be released on bail on compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and his antecedents
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126, 303(2), 351(3), 352, 75
Subjects
- anticipatory bail
- assault
- robbery
- intoxication
- clean antecedent
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.910 of 2026
Arising Out of PS. Case No.-426 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Irsad Ahmad Khan @ Kallu Khan @ Irshad Ahamad Khan S/ Late Nazim
Khan @ Najim Khan R/o vill - Koba Mohabbatpur, P.s- Lalganj, Dist.-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Wasi Mohammad, Advocate
For the Opposite Party/s : Mr. Renuka Ratnakar (App.125)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126, 115(2), 303(2), 75,
109, 352, 351(3) of the Bharatiya Nyaya Sanhita.
3. It is alleged that on 20.8.2025 at about 9:30 PM,
when informant was sitting at his door, this petitioner came
there in intoxicated condition and started abusing him. Upon
protest, this petitioner assaulted informant and his family
members with sword and snatched Rs. 5,000/- from the pocket
of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, due to trivial issue, maar-peet took place in which both
Patna High Court CR. MISC. No.910 of 2026(2) dt.21-01-2026
2/2
sides sustained injuries. Case and counter case. Injuries
sustained by the injured are simple in nature. Petitioner claims
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Vaishali at Hajipur in connection with
Lalganj P. S. Case No. 426 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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