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Patna High Court

Dara KhanversusThe State of Bihar

Decided
Disposal
WITHDRAWN

Holding

The bail application was disposed of as withdrawn, with no substantive order on bail.

Summary

Petitioner Dara Khan, detained since 26 August 2025 for alleged offences under Sections 103(1) and 61 of the BNS and Section 27 of the Arms Act, applied for bail. The prosecution narrated that the petitioner’s son, Guddu Kumar, was found dead near Bankat hill on 22 October 2024, and that the petitioner, along with co‑accused, allegedly fired at the victim, a claim supported by confessional statements and medical evidence. The petitioner argued that he was not named in the FIR and that his name surfaced only through secret information, contending there was no material linking him to the crime. The State opposed bail, relying on the confessions and post‑mortem report. The petitioner later sought to withdraw the bail application, requesting liberty to re‑file after charge‑framing. The court accepted the withdrawal and disposed of the bail application as withdrawn.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences under Sections 103(1), 61 of the BNS and Section 27 of the Arms Act.
  • Whether the petitioner’s alleged confession and the medical evidence justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confession
  • FIR
  • Arms Act
  • murder
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6854 of 2026
                          Arising Out of PS. Case No.-362 Year-2024 Thana- AMAS District- Gaya
                 ======================================================
                 Dara Khan Son of Reyaz Khan @ Md. Reyaz Khan Village -Sihuli PS- Amas
                 District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                        Heard Mr. Rakesh Singh, learned counsel for the

                   petitioner and Mr. Umeshanand Pandit, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.08.2025 in connection with Amas P.S. Case No. 362 of 2024

                   for the offences punishable under Sections 103(1) and 61 of

                   BNS and Section 27 of Arms Act.

                               3. The prosecution story, in brief, is that on 21.10.2024

                   at about 11.00 AM his son namely Guddu Kumar (deceased) left

                   the house and at about 8.00 PM when he did not return to the

                   house then his brother made a telephonic call upon which

                   Guddu Kumar stated that someone was following him and he

                   was running towards the hill. Thereafter, the phone of the

                   deceased got disconnected and subsequently he did not respond
Patna High Court CR. MISC. No.6854 of 2026(3) dt.23-03-2026
                                            2/3




          to the repeated calls by his family members. It is further stated

          that in the morning of 22.10.2024 the informant and others

          started searching for Guddu Kumar and on 22.10.2024 at about

          8.30 AM the informant came to know that the dead body of a

          person was lying near Bankat hill upon which he went there and

          found the dead body of his son Guddu Kumar. In the meantime,

          the Amas Police also arrived at the place of occurrence and sent

          the dead body of Guddu Kumar for postmortem. The informant

          suspected that his son Guddu Kumar has been killed under a

          conspiracy.

                      4. Learned counsel for the petitioner submits that the

          petitioner is not named in the FIR and the name of the petitioner

          has transpired during investigation on the basis of secret

          information after that the petitioner has also confessed his guilt

          in the present occurrence and except the aforesaid, no other

          material have come during investigation to suggest the

          involvement of the petitioner in the present occurrence.

                      5. The learned Additional Public Prosecutor for the

          State, on the other hand, has vehemently opposed the prayer for

          bail of the petitioner and submits that in the confessional

          statement of the petitioner and other co-accused persons, they

          have confessed that they have fired upon the victim and the
           Patna High Court CR. MISC. No.6854 of 2026(3) dt.23-03-2026
                                                       3/3




                     same is supported by the medical evidence (postmortem report).

                                  6. Learned counsel for the petitioner after arguing for

                     some time seeks permission to withdraw the present application

                     with a liberty to renew his prayer after framing of charge.

                                  7. Accordingly, the bail application stands disposed of

                     as withdrawn.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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