Patna High Court
Dara KhanversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJESH KUMAR VERMA
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The bail application was disposed of as withdrawn, with no substantive order on bail.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 The court accepted the withdrawal and disposed of the bail application as withdrawn.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
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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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