Jahangir Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52949 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== Jahangir Khan son of Musa Khan R/O VILL-MANSURPUR, PSKASTHARI, DIST-KAIMUR BHABUA, BIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Advocate Mr.Adarsh Singh, Advocate Mr. Khalid Faizan Khurshid, Advocate For the Opposite Party/s :
Mr. Lalan Kumar. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 26-11-2025 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sasaram Rail P.S. Case No. 114 of 2024, F.I.R dated 19.08.2024 registered for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the informant, Mukesh Kumar, reported that on 16.08.2024 around 1 PM, while carrying Rs.5,50,000 and personal items to deposit at Bandhan Bank, Mohania, two unknown men stopped him on a railway track. One tried to snatch his bag, and the other threatened him with a pistol, forcing him to hand it over. The accused then fled with the cash and belongings on a black sports
2/4 motorcycle toward Sati Mai Mandir. The informant immediately alerted the local police, who reached the spot soon after.
4. Learned Senior counsel for the petitioner submits that the name of the petitioner has transpired on the basis of confessional statement of one co-accused, namely, Muzamil Khan and no incriminating material / substance was found during search of his house made by the Police in his absence to suggest his complicity in the commission of said offence. Learned Senior counsel fairly submits that the petitioner has one criminal antecedent which is not akin to the instant case and is on bail rather it is a family dispute in which the petitioner has been roped. It has next been submitted that the petitioner is an I.T. professional and is currently employed at Gurugram, Harayana and had come to his native place and for ulterior reasons, he has been implicated in the present case.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances that no incriminating substance was found to suggest his complicity in the commission of said offence upon search being made by the Police and the name of the petitioner has transpired in this case on the basis of confessional statement of co-accused.
3/4 Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned District and Additional Session Judge-II, Gaya, in connection with Sasaram Rail P.S. Case No. 114 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T