Rashid Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12744 of 2025 Arising Out of PS. Case No.-446 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Rashid Khan Son of Heshan Khan Resident of Village - Bhallu Khaira, P.S. - Rafiganj, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Alamdar Hussain, Advocate :
Mr. Prem Kumar, Advocate :
Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rafiganj P.S. Case No. 446 of 2024 instituted for the offences under Sections 132/109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 27 of the Arms Act.
3. As per the F.I.R., on the basis of secret information, police raided the house of the petitioner, during which he attempted to fire at the police but misfired and was apprehended. It is further alleged that one loaded country-made
Patna High Court CR. MISC. No.12744 of 2025(2) dt.05-03-2025 2/3 pistol, one misfired bullet and four live cartridges have been recovered from this petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Learned counsel further submitted that on perusal of the impugned order, charge-sheet has been submitted in this case only under Sections 25(1-b)a, 26, 35 of the Arms Act. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2024 and has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.12744 of 2025(2) dt.05-03-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Rafiganj P.S. Case No. 446 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T