Patna High Court
Mozahid Gani @ Muzahid Gani @ Mozahid GoniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, refusing to grant bail to the petitioner.
Summary
Mozahid Gani was arrested in connection with a murder case (PS Khushrupur Case No. 195/2026) involving alleged offences under Sections 103(1), 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act. The petitioner claimed he was falsely implicated, had no prior criminal record, and had been in custody since 8 April 2026, offering to cooperate with the trial. The prosecution argued that the petitioner had demanded land from the deceased, threatened the deceased via recorded calls, and that CCTV footage from the petitioner’s premises showed a prior firing incident, indicating his participation in a conspiracy to murder. After considering the material evidence, the Court was not persuaded to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of involvement in a murder conspiracy.
- Whether the evidence presented by the prosecution establishes a prima facie case of the petitioner's complicity.
Legislation cited
Subjects
- bail
- murder
- conspiracy
- land dispute
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42358 of 2026
Arising Out of PS. Case No.-195 Year-2026 Thana- KHUSRUPUR District- Patna
======================================================
Mozahid Gani @ Muzahid Gani @ Mozahid Goni Son of Mujaj Ali Jabbar
Resident of Village- Lodipur, P.S.- Khushrupur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Khushrupur P.S. Case No. 195/2026 registered for the offences
punishable under Sections 103(1), 61(2), 3(5) of B.N.S. and
Section 27 of Arms Act.
3. As per the prosecution case, the deceased was
killed by unknown criminals for dispute over 25 kathas of land.
The name of the persons who are involved in the conspiracy of
killing the deceased have been mentioned in the FIR.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case Learned
counsel further submits that he has no criminal antecedent and
he is in custody since 08.04.2026. The petitioner undertakes to
co-operate in the case/ trial.
Patna High Court CR. MISC. No.42358 of 2026(2) dt.29-06-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner and submitted that during the
course of investigation, it transpired that the petitioner had
earlier demanded that the deceased to transfer five kathas of
land to him. Upon the deceased's refusal, he allegedly received
threats from an unknown mobile number. The deceased had
recorded the threatening call, and the investigation revealed that
the person issuing the threats was the petitioner. It is further
submitted that an earlier firing incident targeting the deceased
had been captured by the CCTV cameras installed at the
petitioner's premises. However, despite being requested during
the investigation, the petitioner refused to provide the CCTV
footage. Lastly, learned APP submitted that the investigation has
disclosed the petitioner's involvement in a criminal conspiracy
leading to the murder of the deceased, thereby establishing his
complicity in the alleged offence.
6. Considering the materials available on record, this
Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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