Md. Amarej Khan @ Md Khubaid Khan @ Amarej Khan Vs The State… — Anticipatory Bail | Patna HC (2025)

Md. Amarej Khan @ Md Khubaid Khan @ Amarej Khan Vs The State… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners, to operate upon arrest/surrender before the learned Court below within six weeks, on bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Halsi P.S. Case No. 152 of 2024, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Halsi P.S. Case No. 152 of 2024 (registered under Sections 341, 323, 379, 307, 504 and 34 IPC), should be released on anticipatory bail.

Court's answer

In the event of arrest or surrender before the learned Court below within a period of six weeks from the date of the order, the petitioners are to be released on anticipatory bail.

Ratio / Principle

Anticipatory bail is on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Halsi P.S. Case No. 152 of 2024.

Key takeaways

The anticipatory bail is subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - Allowed. Md. Amarej Khan @ Md Khubaid Khan @ Amarej Khan and Md. Irsad Khan @ Irsad Khan apprehended arrest in Halsi P.S. Case No. 152 of 2024 (District Lakhisarai), registered under Sections 341, 323, 379, 307, 504 and 34 of the Indian Penal Code. Prosecution alleges that the accused abused the Informant's son, snatched Rs. 20,000/- and a gold chain, and that co-accused Tipu Khan slit his throat. Counsel for the petitioners contended they were innocent, that no specific allegation of assault was attributed to them (the specific allegation being against co-accused Tipu Khan), that chargesheet had been submitted and cognizance taken by the Court below on 23.12.204 (as printed), that they had no criminal antecedent, and that another co-accused had already been granted regular bail by this Court vide order dated 01.09.2025 in Cr. Misc. No. 46110 of 2025. The APP and informant's counsel opposed the prayer. Considering the facts and circumstances, the Court directed that the petitioners, on arrest/surrender before the learned Court below within six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21180 of 2025

Arising Out of PS. Case No.-152 Year-2024 Thana- HALSI District- Lakhisarai

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

Md. Amarej Khan @ Md Khubaid Khan @ Amarej Khan S/O Md. Irsad Khan @ Irsad Khan R/O Village- Premdiha, P.S- Halsi, Distt.- Lakhisarai.

Md. Irsad Khan @ Irsad Khan S/O Mukhtar Khan R/O Village- Premdiha, P.S- Halsi, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP For the Informant : Mr. Ramakant Sharma, Sr. Advocate Mr. Mayank Raj, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 19-09-2025

Heard learned counsel for the petitioners, learned

APP for the State, learned senior counsel for the informant and perused the case diary.

The petitioners apprehend arrest in Halsi P.S. Case No. 152 of 2024, registered under Sections 341, 323, 379, 307, 504 and 34 of the Indian Penal Code.

The prosecution case, in short, is that on the day of occurrence, the accused persons including the petitioner arrived at the shop of the Informant and started abusing Informant’s son. When he resisted, the petitioners grabbed his hand and legs and, thereafter, they snatched Rs. 20,000/- and one gold chain

Patna High Court CR. MISC. No.21180 of 2025(4) dt.19-09-2025 2/3

from him. It is alleged that the co-accused Tipu Khan slit throat of the Informant’s son and he became unconscious and all the accused persons fled away.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submits that no specific allegation of assault has been attributed against the petitioners rather specific allegation has been levelled against co-accused Tipu Khan. It is next submitted that chargesheet has been submitted in this case and cognizance has also been taken against the petitioners by the Court below on 23.12.204. The petitioners have got no criminal antecedent. Learned counsel for the petitioners further submits that other coaccused has been granted regular bail by this Court vide order dated 01.09.2025 passed in Cr. Misc. No. 46110 of 2025.

Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.21180 of 2025(4) dt.19-09-2025 3/3

bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Halsi P.S. Case No. 152 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J)

Rajorshi/-

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