Patna High Court
Arif Khan @ Rehan KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioner on the condition of a Rs 10,000 bond and two sureties.
Summary
Arif Khan was charged under Sections 399 and 402 of the IPC and Sections 25(1‑b)a, 26 and 35 of the Arms Act for alleged participation in a dacoity plan. He was not arrested at the scene; his name was linked to the case through a confessional statement made by co‑accused while in police custody, which the petitioner argued has no evidentiary value. The petitioner contended that he was a victim of police excess, had no arms in his possession, and had been in custody since 3 March 2025 without trial progress, while offering to cooperate and noting bail in other cases. The State opposed bail, describing him as a habitual offender involved in eight serious cases and emphasizing the seriousness of the alleged dacoity. The Court, after weighing the circumstances, granted bail on a bond of Rs 10,000 with two sureties, directing compliance with the Judicial Magistrate, First Class, Gaya.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the fact that his name was derived from a co‑accused's confessional statement.
- Whether the confessional statement of a co‑accused made in police custody can be the sole basis for framing charges against the petitioner.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402
Subjects
- bail
- IPC
- Arms Act
- dacoity
- police custody
- confessional statement
- habitual offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91345 of 2025
Arising Out of PS. Case No.-330 Year-2021 Thana- AMAS District- Gaya
======================================================
Arif Khan @ Rehan Khan S/o Sheru Khan R/o vill - Hemjapur, P.S.- Amas,
Distt.- Aurangabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Santosh Kumar Pandey
For the Opposite Party : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Amas
P.S. Case No. 330 of 2021, dated 04.12.2021, registered for the
offence under Sections 399/402 of the IPC and Section 25(1-
b)a/26/35 of the Arms Act.
3. As per the prosecution case, on a tip of information
that notorious criminal Armanullah Khan @ Photo Khan along
with his associates has assembled at the house of Salim Khan @
Sabbu Khan, the informant along with the police party
conducted raid at the house of Salim Khan, whereupon accused
Armanullah Khan @ Photo Khan and Pankaj Kumar @ Pankaj
Paswan were arrested from the spot and arms and cartridges
were recovered from their possession, while it is stated that the
apprehended accused persons disclosed the name of the
Patna High Court CR. MISC. No.91345 of 2025(3) dt.19-03-2026
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petitioner to have fled away from the place of occurrence.
4. Learned counsel appearing for the petitioner
submits that, in fact, the petitioner has been made victim of the
police atrocity. The petitioner was not arrested from the spot and
moreover nothing has been recovered from the conscious
possession of the petitioner and his name transpired on the basis
of confessional statement made by the co-accused before police
while in police custody, which has got no evidentiary value in
the eye of law. The petitioner is in custody since 03.03.2025 and
there is no progress in the trial. It is also submitted that although
the petitioner is accused in altogether eight cases, but he is on
bail in some of the cases and he undertakes to cooperate in the
trial.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner and submitted that the
petitioner is an habitual offender and is accused in eight serious
cases and although he was not arrested on the spot, but there
was serious plan to commit dacoity and assemblage was at the
house of co-accused for preparation of commission of dacoity.
6. Considering the facts and circumstances of the
case, the period of custody and the fact that the petitioner was
not arrested from the spot, let the, above named, petitioner be
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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 learned Judicial Magistrate, First Class, Gaya, in
connection with Amas P.S. Case No. 330 of 2021.
(Praveen Kumar, J)
Pawan/-
U T
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