Md. Shahbaz Khan @ Shahbaz @ Shahbaz Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Shahbaz Khan @ Shahbaz @ Shahbaz Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: release on bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.S.J-3rd, Sherghati, Gaya/concerned Court in connection with Amas P.S. Case No. 233 of 2024, subject to (i) verification of criminal antecedents by the Court below before acceptance of bail bonds, and (ii) mandatory attendance at Amas Police Station every Sunday, default resulting in cancellation of bail bonds.

Issue for consideration

Whether the petitioner, booked under Sections 111, 109, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act in Amas P.S. Case No. 233 of 2024, should be released on regular bail.

Court's answer

The petitioner is ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.S.J-3rd, Sherghati, Gaya/concerned Court in connection with Amas P.S. Case No. 233 of 2024.

Ratio / Principle

Bail is conditional on the Court below verifying the petitioner's criminal antecedent at the time of accepting bail bonds: if criminal antecedent is found, the Court below shall not accept the bail bonds; if clean antecedent is found, the bail bonds shall be accepted.

Key takeaways

Further condition: the petitioner shall mark attendance at Amas Police Station, District Gaya, on every Sunday of the month, and any default in appearance at the Police Station would result in cancellation of his bail bonds.ratio¶8

Detailed headnote1 paragraphs

Bail granted — High Court of Judicature at Patna (Justice Sandeep Kumar), Criminal Miscellaneous No. 4930 of 2025, decided 19-04-2025: Md. Shahbaz Khan @ Shahbaz @ Shahbaz Khan, arraigned in Amas P.S. Case No. 233 of 2024 (Thana AMAS, District Gaya) registered under Sections 111, 109, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act, with the prosecution alleging he participated in helping the accused person flee, and in custody since 06.08.2024 claiming clean antecedents, is released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.S.J-3rd, Sherghati, Gaya/concerned Court. Conditions imposed: (i) the Court below to verify the petitioner's criminal antecedents before accepting bail bonds — bonds to be rejected if criminal antecedents are found and accepted if antecedents are clean; (ii) the petitioner to mark attendance at Amas Police Station, District Gaya, on every Sunday of the month, any default resulting in cancellation of bail bonds. No precedents cited; no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4930 of 2025

Arising Out of PS. Case No.-233 Year-2024 Thana- AMAS District- Gaya

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

Md. Shahbaz Khan @ Shahbaz @ Shahbaz Khan S/O Md. Shafique Khan @ Shafique Khan R/O Vill.- Hamzapur, P.S.- Amas Dist.- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

3 19-04-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Amas P.S. Case No. 233 of 2024 registered for the offence punishable under Sections 111, 109, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)a, 26, 35 and 27 of the Arms Act.

As per the prosecution case, the petitioner is said to have participated in the occurrence of getting the accused person flee.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is in custody since 06.08.2024 and claims clean antecedent.

Patna High Court CR. MISC. No.4930 of 2025(3) dt.19-04-2025 2/2

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.S.J-3rd, Sherghati, Gaya/concerned Court in connection with Amas P.S. Case No. 233 of 2024.

At the time of accepting bail bonds of the petitioner, the Court below will verify the criminal antecedent of the petitioner. If it is found that the petitioner has criminal antecedent, the Court below shall not accept the bail bonds of the petitioner and if it is found that the petitioner has clean antecedent, his bail bonds shall be accepted by the Court below.

The petitioner will also mark attendance in Amas Police Station, District- Gaya on every Sunday of the month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J)

P. Kumar
U T