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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88914 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- Nehra District- Darbhanga ====================================================== Md. Arbaz Khan @ Arbaz Khan Son of Mohammad Jahangir Khan @ Jahangir Khan Resident of Basuham, Ward No. 9, Post- Bahera, P.S.- Bahera, District- Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Padmanabh Kashyap, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Nehra P.S.Case no.108 of 2025 registered under sections 137(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023.

3. As per the prosecution case, the informant states that his wife and the younger son went missing and it subsequently transpired that they had been kidnapped by the accused persons.

4. Learned counsel for the petitioner submits that the wife of the informant was recovered and her statement was recorded under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 wherein though she has made allegations of kidnapping against both the petitioner as also Shahbaz Khan,

Patna High Court CR. MISC. No.88914 of 2025(3) dt.23-02-2026 2/2 however, it has transpired in course of investigation that she was in a love affair with the co-accused Shahbaz Khan. The allegations levelled against the petitioner are false and concocted. He is in custody since 23.10.2025 and has no criminal antecedent. Charge sheet 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 in the FIR, the material that has transpired in course of investigation especially about the petitioner having a love affair with co-accused Shahabaz Khan, there being no specific allegations so far as this petitioner is concerned, the petitioner having remained in custody for about 4 months since 23.10.2025 and charge sheet having been submitted to the case, the Court directs the petitioner to be enlarged on bail in connection with Nehra P.S. Case no. 108 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 Additional Chief Judicial Magistrate VI, Darbhanga. (Partha Sarthy, J) Bibhash U T