Patna High Court
Sagar Khan @ Jamiullah KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 111, 3(5), 61(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.