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Patna High Court

Jabir khanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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