Patna High CourtCR. MISC./46279/2026bail granted

Moti Khan @ Md. Moti Khan v. The State Of Bihar

2026-07-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46279 of 2026 Arising Out of PS. Case No.-168 Year-2025 Thana- MAHESHKHUNT District- Khagaria ====================================================== Moti Khan @ Md. Moti Khan S/o Batto Khan Marhum @ Late Batto Khan R/o Village - Salimnagar, P.S. - Maheshkhunt, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Roy, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maheshkhunt P.S. Case No. 168 of 2025, instituted for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 308(5), 303(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner and co-accused persons allegedly formed an unlawful assembly, demanded extortion money from the informant, assaulted him with deadly weapons causing injuries, and robbed him of his gold chain, mobile phone and cash.

Patna High Court CR. MISC. No.46279 of 2026(2) dt.16-07-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case as well as charge has already been framed against the petitioner on 06.04.2026. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. It is next submitted that the injury received by the informant is simple in nature. The petitioner is in custody since 24.01.2026 and has got five criminal antecedents.

5. Learned APP 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 and taking into account 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maheshkhunt P.S. Case No. 168 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.46279 of 2026(2) dt.16-07-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T