Dara Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33161 of 2026 Arising Out of PS. Case No.-362 Year-2024 Thana- AMAS District- Gaya ====================================================== Dara Khan Son of Reyaz Khan @ Md. Reyaz Khan @ Rayas Khan Resident of Village - Sihuli, P.S.- Amas, District - Gaya (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Singh, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-07-2026 Heard Mr.Rakesh Singh, learned counsel for the petitioner and Mr.Abhay Kumar Roy, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 26.08.2025 in connection with Sessions Case No. 232 of 2026 arising out of Amas P.S.Case No. 362 of 2024, F.I.R. dated 23.10.2024 registered for the offence punishable under Sections 103(1),61 of BNS and Section 27 of Arms Act.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 23.03.2026 passed in Cr. Misc. No. 6854 of 2026 with liberty to renew his prayer after framing of charge.
4. Learned counsel appearing for the petitioner submits that initially the petitioner was not named in the FIR.
Patna High Court CR. MISC. No.33161 of 2026(3) dt.08-07-2026 2/3 The name of the petitioner has been transpired during investigation on the basis of the secret information. Thereafter the petitioner has also confessed his guilt in the present occurrence and except the aforesaid, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. Learned counsel for the petitioner submits that the charge has been framed against the petitioner. It appears from the report of the learned Trial Court dated 25.06.2026 that the charge has been framed against the petitioner and now the case is pending for the prosecution's evidence and the petitioner is in custody since 26.08.2025.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one but he fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, liberty granted to the petitioner to renew his prayer after framing of charge vide order dated 23.03.2026 and the report of the learned Trial Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and
Patna High Court CR. MISC. No.33161 of 2026(3) dt.08-07-2026 3/3 Additional Sessions Judge-III, Sherghati, Gaya in connection with Sessions Case No. 232 of 2026 arising out of Amas P.S.Case No. 362 of 2024, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers 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 petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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