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

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

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner, implicated in Kothi P.S. Case No. 50 of 2023 (F.I.R. dt. 11.05.2023, Section 392 IPC) — an F.I.R. originally against two unknown accused, with the petitioner's name surfacing through a co-accused's confessional statement — deserves regular bail, notwithstanding the supplementary affidavit on non-absconding, the reported recovery of looted articles from his house, and four pending criminal cases.

Court's answer

Regular bail refused: in the present facts and circumstances and on the submissions made (F.I.R. initially against two unknown accused; petitioner named via the co-accused's confessional statement; looted articles reportedly recovered from his house; four criminal cases pending), the Court was not inclined to grant bail and rejected the bail application.

Ratio / Principle

Operative ancillary direction: premising that speedy trial is a constitutional vision of justice, the Trial Court (before which Kothi P.S. Case No. 50 of 2023 is pending) was directed to expedite the trial of the petitioner at the earliest.

Detailed headnote1 paragraphs

Bail REFUSED — High Court of Judicature at Patna (Dr. Anshuman, J.), Criminal Miscellaneous No. 24123 of 2025, order dt. 19-09-2025. The regular-bail prayer of Saheb Khan in Kothi P.S. Case No. 50 of 2023 (District Gaya; F.I.R. dt. 11.05.2023 under Section 392 IPC; pending before the Judicial Magistrate, 1st Class, Sherghati) was rejected. The F.I.R. had named two unknown accused for a loot committed at gunpoint; the petitioner's name surfaced through the confessional statement of a co-accused. Although the petitioner filed the previously directed supplementary affidavit indicating he was not absconding in any pending case (with production warrants outstanding in the pending case), the Court — noting the APP's points that looted articles were recovered from the petitioner's house and that four criminal cases are pending against him — was 'not inclined to grant bail' and rejected the application, while directing the Trial Court to expedite the trial at the earliest, speedy trial being described as a constitutional vision of justice.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24123 of 2025

Arising Out of PS. Case No.-50 Year-2023 Thana- KOTHI District- Gaya

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

Saheb Khan Son of Sadare Alam Khan Resident of Village- Pokhraha, P.S.Kothi, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

5 19-09-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Kothi P.S. Case No. 50 of 2023, lodged on 11.05.2023 under Section 392 of the Indian Penal Code, pending before the Court of Judicial Magistrate, 1^st Class, Sherghati, District- Gaya.

As per the prosecution, F.I.R. has been lodged against two unknown accused persons alleging that the loot was committed at gunpoint.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner’s name has figured in this case by virtue of the confessional statement of the co-accused. He

Patna High Court CR. MISC. No.24123 of 2025(5) dt.19-09-2025 2/3

further submits that on the previous occasion, this Hon’ble Court was pleased to direct the petitioner to file a supplementary affidavit showing that he is not absconding in any of the cases pending against him. He further submits that, by way of supplementary affidavit, all documents have been produced, by which it becomes crystal clear that he is not absconding in any of the cases pending against him, rather, intimation has been given by the Court where the case is pending that production warrants have been issued against the petitioner.

Learned APP for the State opposes the prayer for bail and submits that it is true that FIR has been lodged against unknown accused person. He further submits that it is also true that the petitioner’s name has come in this case by virtue of the confessional statement of the co-accused. He further submits that, upon perusal of the rejection order, it is clear that looted articles were recovered from the house of the petitioner. He also submits that there are four criminal cases pending against the present petitioner.

In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.24123 of 2025(5) dt.19-09-2025 3/3

Speedy trial is a constitutional vision of justice. For

this reason, the Trial Court is directed to expedite the trial of the

petitioner at the earliest.

(Dr. Anshuman, J.)

Aman Kumar/-

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