Patna High Court
CR. MISC./52819/2026 of Shahjad Khan @ Shahjad Alam Vs The State of Bihar on 17 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52819 of 2026 Arising Out of PS. Case No.-124 Year-2026 Thana- BAIRIYA District- West Champaran ====================================================== 1. Shahjad Khan @ Shahjad Alam S/o Asgar Ali R/o Khushi Tola, Khiriya Ghat, PS - Bairiya,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52819 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
1.
Shahjad Khan @ Shahjad Alam S/o Asgar Ali R/o Khushi Tola, Khiriya Ghat, PS - Bairiya, District - West Champaran.
2.
Sonu Khan @ Sounu Khan S/o Late Sukurdin R/o Khushi Tola, Khiriya Ghat, PS - Bairiya, District - West Champaran.
4.
Saukat Ali S/o Safarudin Khan @ Sfarudin Khan @ Sarfuddin Khan R/o Khushi Tola, Khiriya Ghat, PS - Bairiya, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr.Umesh Kumar Gupta, Advocate
For the Opposite Party/s :
Mr. Rabindra Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
17-08-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 352, 118(1), 109(1), 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the petitioner Nos. 1 and 3 are persons with clean antecedent petitioner No. 2 has antecedent of one case and the informant alleges that on 24.02.2026 at 06:50 PM on account of previous dispute, the accused persons including the petitioners Patna High Court CR. MISC. No.52819 of 2026(2) dt.17-08-2026
intercepted him and an orders of Amjad, accused Sonu assaulted him by knife causing injury on head and Amjad along with Saukat assaulted by lathi and fist, further Amjad assaulted Jitan by an axe causing injury on head.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners have been falsely implicated in the instant case by the informant, it is further submitted that though petitioners and the informant are not related, but then are having dispute relating to land, it is further submitted that in the FIR, it is falsely alleged that Sonu assaulted the informant by knife causing injury on head, when from perusal of the order impugned, it would manifest that the injury suffered by the injured has been opined to be simple in nature caused by hard and blunt substance, it is also submitted that had three accused assaulted in the manner as alleged in the FIR, then the injured would not have suffered simple injury, it is also submitted that if privilege of anticipatory bail is granted, the petitioners will not abscond rather will co-operate in the investigation to prove their innocence.
5. Learned A.P.P. for the State, Mr. Rabindra Kumar opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned Patna High Court CR. MISC. No.52819 of 2026(2) dt.17-08-2026
counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bairiya P.S. Case No. 124 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. However, it is made clear that, in that event, if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners.
8. Thus, this application stands allowed.
Nitesh/- (Satyavrat Verma, J) U T