Lucky Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Lucky Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail in the event of arrest or surrender before the Court below within four weeks, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Saran at Chapra, subject to the conditions laid down in Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Bhagwan Bazar P.S. Case No. 423 of 2023 (offences under the Indian Penal Code and Section 9 of the Bihar Control of Use and Play of Loudspeaker Act), should be granted anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within four weeks from the date of the order, the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Saran at Chapra, in connection with Bhagwan Bazar P.S. Case No. 423 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Nawneet Kumar Pandey, J., order dated 16-10-2025) to Lucky Khan apprehending arrest in Bhagwan Bazar P.S. Case No. 423 of 2023 (District Saran), instituted under Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296, 337, 338, 307, 332, 333, 353, 427, 120(B) IPC and Section 9 of the Bihar Control of Use and Play of Loudspeaker Act, arising out of an allegation that a Durga immersion procession was stopped near a Masjid, music and slogans raised, and stones thrown by anti-social elements. Counsel for the petitioner urged that the allegation was general and omnibus, that the petitioner had no criminal antecedent, and that co-accused on exactly similar footing had been granted anticipatory bail by different coordinate Benches. The Court, considering the facts and circumstances, directed release on bail in the event of arrest or surrender within four weeks on bail bonds of Rs.10,000/- with two like sureties, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13849 of 2025

Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran

======================================================

Lucky Khan Son of Jamshed Khan @ Md. Kutubuddin Khan Village- Nai Bazar, P.S.- Bhagwan Bazar, District- Chpra, Saran

... ... Petitioner/s

Versus

The State of Bihar bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binod Murari Mishra, Adv. For the State : Mr. J.N. Thakur, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 16-10-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehend his arrest in connection with Bhagwan Bazar P.S. Case No.423 of 2023 instituted under Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296, 337, 338, 307, 332, 333, 353, 427, 120(B) of the Indian Penal Code and under Section 9 of Bihar Control of Use and Play of Loudspeaker Act.

As per the prosecution case, during the procession of Goddess Durga immersion when the procession reached near Masjid, it was stopped and music and chanting slogan were done. It is further alleged that some anti-social elements started throwing stones on the procession just when the procession started moving ahead.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.13849 of 2025(4) dt.16-10-2025 2/2

petitioner is innocent and has been falsely implicated in this case. The allegation against him is general and omnibus. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial. He has also submitted that on exactly similar footing, several co-accused persons have been granted anticipatory bail by the different coordinate Benches of this Court.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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 four weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 423 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Nawneet Kumar Pandey, J)