Patna High Court
Jabir khanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The High Court declined to grant bail to the petitioner.
Summary
The petitioner, Jabir Khan, is in judicial custody for multiple offences under the Indian Penal Code, including murder (section 302). The prosecution alleges that he assaulted the informant's son with a blunt weapon ('farsa') and that the victim died six months later, while other co‑accused were involved in related assaults and robbery. The petitioner sought bail, arguing that the death occurred after a considerable lapse of time. The State contended that the initial injury was grievous and that the seriousness of the charges warranted continued detention. After hearing both sides, the High Court rejected the bail application, emphasizing the gravity of the offences and the need for the trial to proceed expeditiously, directing the trial court to conclude the trial within six months.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the charges and the six‑month gap between injury and death
- Whether the nature of the alleged assault and the pending murder charge justify denial of bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 379, 504, 506
Subjects
- bail
- judicial custody
- Indian Penal Code
- murder
- assault
- grievous injury
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69319 of 2025
Arising Out of PS. Case No.-23 Year-2023 Thana- SIKTI District- Araria
======================================================
Jabir khan S/O Safir khan Resident of Village- Perhiya, Khan Tola, Ward No.-
13, P.S.- Sikty, District- Araria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anamul Haque, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 03-04-2026 Heard the parties.
2. The petitioner is in judicial custody in connection
with Sikty P.S. Case No. 23 of 2023 for offence under sections
147, 148, 149, 341, 323, 324, 379, 307, 504, 506 of Indian Penal
Code and subsequently added section 302 of Indian Penal Code
lodged on 22.01.2023 by the informant, Minni Khatoon.
3. As per the prosecution story, the informant has
alleged that the accused persons after abusing them, resorted to
assault and the allegation against this petitioner is of assaulting
the informant's son, Perwez by 'farsa' while Amir Khan
assaulted by rifle to the informant's sister-in-law, Mansoori
Khatoon causing injury in her head. Again, allegation against
Haidar Khan is of snatching Rs. 10,000/- from the pocket of the
informant's son. Accordingly, the FIR.
4. Earlier, the bail of the petitioner was rejected, in
that background, report sought for from the learned Trial Court.
Patna High Court CR. MISC. No.69319 of 2025(6) dt.03-04-2026
2/2
5. It has been received, according to which, charges
have been framed in the matter.
6. Learned counsel for the petitioner submits that
though allegation of assault by ‘Farsa’ on the head is there, the
death took place after six months.
7. Learned APP, Mr. Jitendra Kumar Singh on the
other hand submits that the allegation against him is of giving
‘Farsa’ blow on the head. Although, the death may have taken
place later, the initial injury report shows that it was grievous in
nature.
8. Taking into account the submissions of the parties
as also the allegation that has come against the petitioner, for the
present, this Court is not inclined to extend him the privilege of
bail which is accordingly rejected.
9. Since the petitioner is in custody since 22.08.2024,
it is expected from the Trial Court to ensure that the trial is
expedited and taken to its logical conclusion preferably within a
period of six months.
(Rajiv Roy, J)
Ravi/-
U T
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