Patna High Court
Motim Khan @ Vijji Khan @ Matim KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied bail, holding that the seriousness of the charges and the evidence of grievous injury justified the petitioners' continued detention.
Summary
Motim Khan and Jugnu Khan petitioned the Patna High Court seeking bail after being implicated in a case under sections 126(2), 115(2), 118(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging they stabbed the husband of an informant, causing grievous injuries. The prosecution presented the allegation of a stabbing, while the petitioners claimed they were falsely implicated due to a land dispute and asserted a clean antecedent. The State opposed the bail application, emphasizing the seriousness of the offences. After hearing both sides, the Court considered the gravity of the accusations and the nature of the alleged crime. The Court rejected the petitioners' bail plea, concluding that the seriousness of the charges warranted continued custody.
Issues considered
- Whether bail should be granted to the petitioners in light of the serious offences alleged under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- grievous injury
- land dispute
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91755 of 2025
Arising Out of PS. Case No.-389 Year-2025 Thana- KHAIRA District- Jamui
======================================================
1. Motim Khan @ Vijji Khan @ Matim Khan S/O Basir Khan R/o vill.-
Banpur, P.S.- Khaira, Distt- Jamui
2. Jugnu Khan @ Sher Mohamad Khan @ Sher Mohammad @ Jagnu Khan
S/O Safik Khan R/o vill.- Banpur, P.S.- Khaira, Distt- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prakash Mahto, Advocate
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
Mr. Sanjeev Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 04-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 126(2), 115(2), 118(2),
109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, petitioners are alleged
to have stabbed husband of the informant. Doctor found injuries
to be grievous in nature.
4. Learned counsel appearing for the petitioners
submits that the petitioners are innocent and have falsely been
implicated in this case. Parties are agnate and there was land
dispute between them. Petitioners claim clean antecedent.
5. Learned counsel for the State and the informant
Patna High Court CR. MISC. No.91755 of 2025(3) dt.04-02-2026
2/2
oppose the prayer for bail.
6. Considering the nature and gravity of accusation,
prayer for bail of these petitioners is rejected.
(Prabhat Kumar Singh, J)
Shashi
U T
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