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Patna High Court

Sagar Khan @ Jamiullah KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Sagar Khan, was arrested in connection with a case alleging the murder of Dhananjay Giri and Guddu Yadav by gunfire. He sought regular bail for offences under Sections 103(1), 61(2), 111 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that the accused, including the petitioner, fired indiscriminately, but the FIR did not identify whose bullet caused the injuries. The petitioner claimed innocence, arguing lack of specific evidence linking him to the shooting. The State opposed bail, citing the seriousness of the charges. The Court, noting the charge‑sheet had already been filed, the length of custody, and the absence of direct identification, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness of the offences charged under the Bharatiya Nyaya Sanhita and the Arms Act.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • murder
  • arms act
  • charge-sheet
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31079 of 2026
                     Arising Out of PS. Case No.-326 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Sagar Khan @ Jamiullah Khan S/O Late Samiullah Khan R/O Village-
                 Dariyapur, P.S- Sangrampur, Distt.- East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   14-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Sangrampur P. S. Case No. 326 of 2025 registered for the

                   offences punishable under Sections 103(1), 61(2), 111 and 3(5)

                   of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per prosecution case, all 14 F.I.R. named

                   accused persons, including this petitioner, are alleged to have

                   killed husband of informant, namely Dhananjay Giri and one

                   Guddu Yadav, by firing gun shot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. From bare

                   perusal of the F.I.R. it is apparent that informant is not an eye
              Patna High Court CR. MISC. No.31079 of 2026(2) dt.14-05-2026
                                                          2/2




                        witness to the occurrence. Even as per prosecution case, all 14

                        F.I.R. named accused persons, including this petitioner, are

                        alleged to have made indiscriminate firing as a result husband of

                        informant, namely, Dhananjay Giri sustained two firearms

                        injuries whereas Guddu Yadav sustained one firearms injury,

                        however, it is not specific that whose fire hit the deceased

                        persons. Moreover, charge-sheet has already been submitted and

                        petitioner is in custody since 07.10.2025.

                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, period of

                        custody and the fact that charge-sheet has been submitted, this

                        bail application is allowed. The petitioner, above named, is

                        directed to 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 Judicial Magistrate, Sadar,

                        Motihari in connection with Sangrampur P. S. Case No. 326 of

                        2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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