Patna High Court
S.K. Ekbal @ Md. Munirul Haque @ Shekh Ekbal Khan @ Shekh Ekbal @ Md. Munieul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to bail and ordered his release on condition of bail bonds.
Summary
The petitioner, S.K. Ekbal, was charged under multiple sections of the B.N.S. for alleged stabbing offences that resulted in the death of the informant's son. He claimed that he was at Gaunaha Police Station on the date of the incident, resolving a land dispute, and therefore could not have participated in the assault. The informant alleged that several accused, including the petitioner, stabbed various victims, but the injury to Basim Sah was described as simple. The petitioner sought anticipatory bail, which had previously been denied, arguing lack of specific allegation against him and his willingness to cooperate. The State opposed bail but could not refute the alibi. The court, after hearing both sides, directed the petitioner’s release on bail with a bond of Rs. 25,000 and two sureties, allowing the application.
Issues considered
- Whether the petitioner is entitled to bail/anticipatory bail despite serious charges including murder and assault.
- Whether the alibi that the petitioner was at the police station on the date of the incident creates reasonable doubt of his participation.
- Whether the nature and severity of the injuries alleged against the petitioner justify denial of bail.
- Whether the petitioner is likely to abscond or tamper with evidence if released on bail.
Legislation cited
- B.N.S. — s. 103(1), 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- anticipatory bail
- criminal procedure
- murder
- assault
- alibi
- B.N.S. sections
- West Champaran
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1169 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- GAUNAHA District- West Champaran
======================================================
S.K. Ekbal @ Md. Munirul Haque @ Shekh Ekbal Khan @ Shekh Ekbal @
Md. Munieul Haque S/o- Late Jayaul Haque R/v- Madhopur PS- Gaunaha
District-West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Chandra
Mr. Umesh Kumar Gupta
For the Opposite Party/s : Mr. Rabindra Kumar- A.P.P.
Mr. Bimlesh Kumar Pandey
Mr. Satyam Kumar Ojha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 118(1), 109(1) and 103(1) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and is in custody since
31.10.2025. It is next submitted that informant, who is mother
of the deceased, alleges that she along with some of her family
members had gone to the field, when accused persons came and
Adnan, Ayan, Aman Kamal, Adnan Kamal and Dolar stabbed
Patna High Court CR. MISC. No.1169 of 2026(2) dt.06-02-2026
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her son causing injury on his abdomen. Further, Imranul,
Shabnam and Kyamuddin Kamal assaulted her brother Wasim
Akhtar by lathi and knife causing injury on head, thereafter
Nazir, Firoz and Ekbal stabbed Basim Sah causing injury on his
stomach and also cut on his two fingers, thereafter, accused
persons fled and injured were taken to hospital, but her son died
on the way.
4. The learned counsel for the petitioner submits that
petitioner had earlier approached this Court seeking anticipatory
bail by filing Cr. Misc. No.69523 of 2025 and the same came to
be rejected by an order dated 10.10.2025, considering the order
dated 10.10.2025 in Cr. Misc. No.68174 of 2025 (Sariyat Alam
Khan @ Sariyat Alam @ Sariyat Khan vs. the State of Bihar). It
is next submitted that petitioner is in custody since 31.10.2025.
It is further submitted that from perusal of the allegation as
alleged in the FIR, it would manifest that petitioner is not
alleged to have assaulted/ stabbed the son of the informant
leading to his death rather petitioner is alleged to have assaulted
Basim Sah with knife along with Nazir and Firoz. It is further
submitted that injury of Basim is on record annexed as
Annexure-3 to the anticipatory bail application and from perusal
of the same, it would manifest that the injury suffered by Basim
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Sah has been opined to be simple in nature. It is also submitted
that at Para-97 of the case diary, it has been recorded that the
petitioner on the date of occurrence was at Gaunaha Police
Station in between 11.00 A.M. to 12.42 P.M. for resolving a
dispute relating to land in between petitioner and Ram Chandra
Yadav alias Sawru Yadav as has been ascertained by the
Investigating Officer of the case and thereafter, the same was
recorded at Para-97. It is thus submitted that during the course
of investigation, material has come which creates doubt with
regard to the presence of the petitioner at the place of
occurrence. It is reiterated and submitted that allegation of
assault by knife is alleged, but then, is not specific and during
the course of investigation, it has also come that petitioner was
at Gaunaha Police Station on the date of occurrence in between
11.00 A.M. to 12.42 P.M. It is next submitted that the said Para-
97 of the case has been pleaded at Para-15 of the anticipatory
bail application.
5. Learned A.P.P. Sri Rabindra Kumar as well as the
learned counsel appearing on behalf of the informant opposes
the bail application, but then, are not in a position to rebut the
submission of the learned counsel appearing on behalf of the
petitioner that petitioner is not the assailant of the son of the
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deceased and the injury suffered by Basim Sah has been opined
to be simple in nature, though two injuries are on non-vital part
of the body and one injury is on stomach, but then, allegation
that who assaulted where is not alleged. It is also submitted that
petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
6. After hearing the learned counsel for the parties,
the petitioner, above-named, is directed to be released on bail on
his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of learned Court below where the case is
pending in connection with Gaunaha P. S. Case No. 67 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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