Patna High Court
Ekbal Ali @ Ekbal Ahmad @ IqbalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, granting regular bail to the petitioner with conditions.
Summary
The petitioner, Ekbal Ali, was arrested in connection with a fight on 21 September 2025 that resulted in the death of Faisal Ahmed. The prosecution alleged that the petitioner, along with others, stabbed the deceased with intent to kill, invoking Sections 103(2) and 61(2) of the B.N.S. The petitioner’s counsel argued that he was falsely implicated, citing witness statements that a person in a red T‑shirt, not the petitioner, inflicted the fatal wound, and highlighted the post‑mortem findings. The State opposed bail, emphasizing the seriousness of the offence and the petitioner’s three prior criminal antecedents. After considering the evidence and the petitioner’s willingness to cooperate, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of appearance and non‑tampering with evidence.
Issues considered
- Whether regular bail should be granted to the petitioner accused of murder under Sections 103(2) and 61(2) of the B.N.S.
- Whether the evidence presented by the prosecution sufficiently justifies denial of bail
Legislation cited
- B.N.S. — s. 103(2), 61(2)
Subjects
- regular bail
- murder
- Sections 103(2) B.N.S.
- Sections 61(2) B.N.S.
- criminal procedure
- evidence
- witness statements
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15259 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- SRIPUR District- Gopalganj
======================================================
Ekbal Ali @ Ekbal Ahmad @ Iqbal Son of Abrar Ali @ Mohamad Abrar
Husain Resident of Village - Algatpur, P.S.- Sripur (Shripur), (Phulwariya),
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh, Adv
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sripur P.S. Case No. 229
of 2025 registered for the offences punishable under Sections
103(2), 61(2) of the B.N.S.
3. As per the prosecution case, it has been alleged that
on 21.09.2025, a fight occurred between two groups.
Consequently, few boys were roaming around the public
markets looking for the Gopalpur boys. It has been alleged that
around 3:30 p.m., the informant son, namely, Faisal Ahmed
went to Janta Bazar with his friend where one Amiruddin and
Asif got identified Faisal from Gopalpur to other boys. It is
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alleged that Saif, Mudassir, Rehan, Mehboob, Iqbal(petitioner),
Yusuf, Adil, Kamran, and Sajid then attacked Faisal. It has been
specifically alleged that Saif, Mudassir, Mehboob and Iqbal
(petitioner) with intention to kill stabbed Faisal, efforts were
taken to take him to the hospital but before reaching to the
hospital Faisal died. It has been alleged that the occurrence took
place in front of the tea stall one by Imran.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. Learned counsel for the petitioner has submitted that
the statement of tea shop owner Md. Imran has been recorded in
para 5 of the case diary and he has stated that during the
intervening fight between the two groups one person wearing a
red t-shirt stabbed the deceased, thereafter, other persons fled
away from there. Learned counsel for the petitioner has also
drawn the intention of this court to the statement of witness
Wasim Raja as recorded in paragraph 13 of the case diary in
which he has stated that during the intervening fights, co-
accused Saif Ali assaulted by means of knife on shoulder and
abdomen of Faisal. Learned counsel for the petitioner has also
drawn the attention of this court to the post mortem report
wherein the autopsy surgeon has opined two injuries one on left
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scapula and one on intestine, on the person of deceased Faisal
which corroborates the statement of the witness namely, Imran
the tea shop owner as well as the statement of Wasim Raja as
recorded in para 31. It has further been submitted that charge-
sheet has been submitted in the case and there is no allegation of
tampering and petitioner undertakes to co-operate in the trial. It
has lastly been submitted that the petitioner has three criminal
antecedents and he is in custody since 07.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Additional Chief Judicial Magistrate-
XIV, Gopalganj in connection with Sripur P.S. Case No. 229 of
2025.
7. The petitioner is directed to co-operate in the trial
and be well represented on each and every date fixed in the trial
and failure to appear on two consecutive dates, the court below
would be at liberty to cancel the bail bonds of the petitioner.
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8. It is further directed that petitioner would not
tamper with the evidence and if such allegations are made and if
the petitioner indulges himself in tampering of the evidence, the
prosecution will be at liberty to file appropriate application for
cancellation of bail bonds.
9. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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