Mahabub Khan @ Pathan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14092 of 2026 Arising Out of PS. Case No.-580 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Mahabub Khan @ Pathan S/o Abdul Mahabub Khan Resident of VillageIjara Nawada, P.S- Sangrampur, Distt- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Banjaria P.S.Case no.580 of 2025 registered under sections 111 and 61(2) of the Bhartiya Nyay Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that seeing the police personnel, the accused persons made an attempt to escape. Three of them were caught, however, one managed to escape. It is further stated that on search, various incriminating articles including a loaded country made pistol were recovered from their possession and on detailed inquiry, they disclosed that the petitioner had given them a contract of Rs. 3 lakhs to commit the murder of one Vijay Yadav and his partner

Patna High Court CR. MISC. No.14092 of 2026(2) dt.12-03-2026 2/2

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession. The only material against him is the statement of the coaccused made before the police. The petitioner is in custody since 18.11.2025 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the material that has transpired in course of investigation as is evident from the order of the learned trial Court, the only material against the petitioner being the statement of a coaccused made before police, the petitioner having remained in custody for over 3 months since 18.11.2025 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Banjaria P.S.Case no.580 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, East Champaran at Motihari.

Bibhash (Partha Sarthy, J) U