Arslan Khan @ Kallu vs The State Of Bihar on 15 July, 2025

Patna High Court – Orders

Arslan Khan @ Kallu vs The State Of Bihar on 15 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39854 of 2025
                   Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
           1.     Arslan Khan @ Kallu
           2.    Intekhab Khan @ Champion
                 Both are S/O Asifuddin Khan Resident of Mohalla- Near Choti Masjid Nai
                 Bazar, P.S- Bhagawan Bazar, Distt.- Saran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Kumar Srivastva, Advocate
                 For the Opposite Party/s :      Mr.Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-07-2025

Heard Mr.Vijay Kumar Srivastva, learned counsel for

the petitioners and Mr.Mukesh Kumar Singh, learned

Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in

connection with Bhagwan Bazar P.S.Case No.423 of 2023, FIR

dated 27.10.2023 registered for the offences punishable under

Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296,

337, 338, 307, 332, 333, 353, 427, 120(B) of the Indian Penal

Code and Section 9 of Bihar Control of use and Play of

Loudspeaker Act.

3. As per the prosecution case, during the procession

of Goddess Durga immersion when the procession reached near
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Masjid it was stopped and music and chanting slogan were

done. It is further alleged that some unsocial elements started

throwing stones on the procession just when the procession

started moving ahead.

4. Learned counsel for the petitioners submits that

petitioners have clean antecedent and they have falsely been

implicated in the present case. The allegation as alleged in the

FIR is false and fabricated and the petitioners have not

committed any offence as alleged in the FIR. Although the

petitioners are named in the FIR but from a bare perusal of the

FIR it appears that there is no specific allegation of any assault

or overt-act attributed against the petitioners rather there is

general and omnibus allegation against all the accused persons

including the petitioners and similarly situated co-accused

person, namely, Sanjay Kumar has been granted privilege of

anticipatory bail by a Coordinate Bench of this Hon’ble Court

vide order dated 22.05.2024 passed in Cr. Misc. No.32926 of

2024 and similarly situated co-accused person, namely, Santosh

Kumar @ Santosh Prasad has been granted privilege of

anticipatory bail by this Court vide order dated 21.05.2025

passed in Cr. Misc. No.29788 of 2025 respectively and several

other similarly situated co-accused persons have also been
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granted privilege of anticipatory bail by different Coordinate

Benches of this Hon’ble Court.

5. Learned A.P.P. for the State, on the other hand, has

vehemently opposed the prayer for anticipatory bail of the

petitioners.

6. Considering the aforesaid facts, petitioners have

clean antecedent, there is no specific allegation of any assault or

overt-act attributed against the petitioners and several other

similarly situated co-accused persons have been granted

privilege of anticipatory bail by different Coordinate Benches of

this Hon’ble Court or by this Court, let the petitioners, above

named, in the event of their arrest or surrender before the court

below within a period of thirty days from the date of receipt of

the order, be released on bail on furnishing bail bond of

Rs.10,000 (Ten Thousand)each with two sureties of the like

amount each to the satisfaction of learned A.C.J.M.-1st, Saran at

Chapra in connection with Bhagwan Bazar P.S.Case No.423 of

2023, subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure/ Section 482 (2) of

BNSS, 2023 and with other following conditions:-

(I) Petitioners shall co-operate in the trial and shall be

properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and

on their absence on two consecutive dates without sufficient

reason, their bail bonds shall be cancelled by the Court below.

(II) If the petitioners tamper with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

(III) And, further condition that the court below shall

verify the criminal antecedent of the petitioners and in case at

any stage, it is found that the petitioners have concealed their

criminal antecedents, the court below shall take step for

cancellation of bail bond of the petitioners. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Nitesh/-

U          T