Barati Khan @ Md. Khan Barati Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Barati Khan @ Md. Khan Barati Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released, if arrested/surrenders within six weeks, on bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the Court below, in connection with Palasi P.S. Case No. 10 of 2025, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Palasi P.S. Case No. 10 of 2025 registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest/surrender before the Court below within six weeks, the petitioner is to be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, in connection with Palasi P.S. Case No. 10 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail – granted. Petitioner apprehended arrest in Palasi P.S. Case No. 10 of 2025 (District Araria), registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, the prosecution case being that two unknown persons looted Rs. 59,195/-, mobile, tab and biometric charger from the informant at gunpoint. Per counsel, the petitioner was not named in the FIR; his name surfaced on the basis of the confessional statement of co-accused Danish Khan, said to carry no evidentiary value; no criminal antecedent was attributed to him; and a co-accused had already been granted regular bail by this Court vide order dated 09.04.2025 in Cr. Misc. No. 19638 of 2025. Held: in the event of arrest/surrender before the Court below within six weeks, the petitioner to be released on anticipatory bail on bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) 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.52554 of 2025

Arising Out of PS. Case No.-10 Year-2025 Thana- PALASI District- Araria

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

Barati Khan @ Md. Khan Barati S/o Naseer Khan R/o Village- Pararia, Khan Tola, P.S.- Sikty, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Anamul Haque, Advocate For the Opposite Party/s : Mrs. Renu Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

5 05-02-2026

Heard Mr. Anamul Haque, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.

The petitioner apprehends arrest in connection with Palasi P.S. Case No. 10 of 2025, registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that two unknown persons have looted Rs. 59,195/-, mobile, tab and biometric charger from the informant on the point of gun.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submitted that the petitioner is not named in the FIR. Name of the

Patna High Court CR. MISC. No.52554 of 2025(5) dt.05-02-2026 2/2

petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Danish Khan and the same has got no evidentiary value. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 09.04.2025 passed in Cr. Misc. No. 19638 of 2025.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, 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 bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Palasi P.S. Case No. 10 of 2025, 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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