Patna High Court
Phulo Khan @ Samim KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the case is not fit for the grant of anticipatory bail and therefore rejected the petitioner's prayer.
Summary
The petitioner, Phulo Khan, applied for anticipatory bail in a case (Vaishali P.S. Case No. 59 of 2025) alleging offences under Sections 103, 238 and 3(5) of the B.N.S. 2023, stemming from a shooting that resulted in the death of the informant’s husband. The petitioner claimed innocence, asserted a land‑dispute motive, and highlighted a clean antecedent. The State opposed the bail, contending that the petitioner and co‑accused fired the fatal shot. The court examined the material on record and found it insufficient to justify anticipatory bail. Consequently, the prayer for anticipatory bail was rejected and the petitioner was directed to surrender within four weeks and seek regular bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 103, 238 and 3(5) of the B.N.S. 2023
- Whether the facts on record make the case fit for anticipatory bail
- Whether the petitioner poses a risk of absconding or tampering with evidence
Legislation cited
- B.N.S., 2023 — s. 103, 238, 3(5)
Subjects
- anticipatory bail
- regular bail
- criminal procedure
- Sections 103 238 3(5) B.N.S. 2023
- murder
- land dispute
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4890 of 2026
Arising Out of PS. Case No.-193 Year-2024 Thana- GWALPARA District- Madhepura
======================================================
Phulo Khan @ Samim Khan S/o Hasim Khan Resident of Jat Manohar, Jot
Manotarward No 14, (Jhanjhri), PS- Gwalpara, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Patla Kumari, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Vaishali P.S. Case No. 59 of 2025, registered for the offence
under Sections 103, 238 and 3(5) of the B.N.S. 2023.
3. The petitioner and other accused persons are
alleged to have fired upon the husband of the informant which
hit him and he died on the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence. There
is land dispute between the parties. Petitioner has clean
antecedent.
5. Learned A.P.P. has vehemently opposed the prayer
for bail and submits that petitioner and other accused persons
have fired upon the husband of the informnat due to which he
Patna High Court CR. MISC. No.4890 of 2026(3) dt.24-02-2026
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died on the spot.
6. From the materials available on record, this is not a
fit case for grant of anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is hereby rejected.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail.
(Sandeep Kumar, J)
Ranjeet/-
U T
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