Patna High Court
Md. Amzad Khan @ Amjad KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted due to the gravity of the offences and the ongoing trial.
Summary
The petitioner, Md. Amzad Khan, sought regular bail for a case registered under Sections 302 and 201 of the Indian Penal Code concerning the alleged killing of a truck driver and looting of the truck. This was his third attempt for bail after two earlier applications were rejected. The prosecution’s case highlighted the seriousness of the offences, emphasizing the gravity of murder and related offences. The Court examined the trial witnesses and considered that the trial was ongoing, indicating a risk to the administration of justice if bail were granted. Given the nature of the allegations and the seriousness of the crimes, the Court was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving offences under Sections 302 and 201 of the IPC
Legislation cited
- Indian Penal Code — s. 201, 302
Subjects
- bail
- murder
- IPC
- regular bail
- gravity of offence
- trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15592 of 2026
Arising Out of PS. Case No.-125 Year-2023 Thana- SHIVSAGAR District- Rohtas
======================================================
Md. Amzad Khan @ Amjad Khan son of Late Irshad Khan Resident of
village- E-Block, Sector 2/600, Block Sector/E Sector Sector-4, Bhulinagar,
Dhanbad (jharkhand)
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr.Santosh Chandra Bhaskar
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard the parties.
2. This is the third attempt of the petitioner for grant
of regular bail in connection with S.Tr. No. 825 of 2025 arising
out of Shivsagar P.S. Case No. 125 of 2023 registered for the
offence under Sections 302 and 201 of the Indian Penal Code.
3. Earlier the bail applications of the petitioner were
rejected vide orders dated 24.01.2024 and 4.4.2025 passed in Cr.
Misc. No. 2859 of 2024 and Cr. Misc. No. 60923 of 2024
respectively. The order dated 4.4.2025 reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State Shri Jharkhandi
Upadhyay.
2. Seen the report of the Superintendent
of Police, Rohtas.
Patna High Court CR. MISC. No.15592 of 2026(2) dt.24-04-2026
2/2
3. This is the second attempt of the
petitioner for grant of regular bail in connection
with Shivsagar P.S. Case No. 125 of 2023
registered for the offence under Section 302, 201 of
the Indian Penal Code.
4. As per the prosecution case, the
petitioner is involved in the killing of the truck
driver and looting the truck.
5. Considering the nature of allegation
levelled against the petitioner, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.
4. In the trial, witnesses are being examined.
5. Considering the gravity of the offence and the fact
that the trial is going on, this Court is not inclined to grant bail
to the petitioner.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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