Patna High Court
Md. Shahrukh @ Shahrukh Khan @ Salman @ Salman KhanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail to the petitioner, holding that the direct and specific allegations of murder preclude grant of bail.
Summary
The petitioner, Md. Shahrukh, was arrested on 22 May 2025 in connection with FIR dated 19 May 2025 alleging his involvement in the killing of Syed Anwar Alam. The FIR charges him under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act, 2023 read with Section 27 of the Arms Act. The petitioner contended that the FIR was fabricated, that he is innocent, and that only CCTV footage and suspicion link him to the crime. The State, through the informant’s counsel, produced an eyewitness, Intekhab Alam, who identified the petitioner as the shooter, and a post‑mortem report corroborating the victim’s death by gunshot. The court examined the seriousness of the offence, the direct allegation, and the evidentiary material, and concluded that bail could not be granted. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail can be granted to an accused in a murder case where the FIR alleges direct participation and eyewitness testimony supports the charge
- Whether the presence of CCTV footage and suspicion alone suffices for bail in a serious offence
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 61(2)
Subjects
- bail
- murder
- Arms Act
- Bihar Narcotic Substances Act
- postmortem evidence
- eyewitness testimony
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84263 of 2025
Arising Out of PS. Case No.-779 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Shahrukh @ Shahrukh Khan @ Salman @ Salman Khan S/o Hasan Raza
@ Ali Hasan Resident of Maulabagh, Naya Tola, P.S.- Phulwarisharif,
District- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr.Advocate
: Mr.Surendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
For the Informant : Mr. Jagjit Roshan, Advocate
: Mr. Anjani Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 16-03-2026 Heard Mr. Krishna Prasad Singh, learned senior
counsel appearing for the petitioner, Mr. Jagjit Roshan, learned
counsel for the informant and the Mr.Sanjay Kumar Tiwary,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
22.05.2025 in connection with Phulwarisharif P.S. Case No. 779
of 2025, F.I.R. dated 19.05.2025 registered for the offence
punishable under Sections 103(1), 61(2) of BNS, 2023 read
with Section 27 of the Arms Act.
3. Prosecution cave, in brief, as per written-report of
informant Sabisa Praves (w/o deceased) is that on 19/05/2025 at
around 09:30 AM, her husband Syed Anwar Alam alongwith his
nephew Intekhaf Alam was going on bike towards his farm from
Patna High Court CR. MISC. No.84263 of 2025(4) dt.16-03-2026
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Harun Nagar Colony in Naubsa, suddenly (1) Afsar Khan, (2)
Sharukh Khan, (3) Akhtar Ali @ Golden, (4) Ameer Jalal, (5)
Aftab Mallik at Imarat sariya started firing at informant's
husband and he died due to bullet injury. After shooting the
informant's husband all the assailants fled away towards west.
Informam alleged that her husband has been killed at the behest
of (1) Arshi Aala Fandi, (2) Nurin Un Nisha, (3) Naushaba
Naaz, (4) Farooq Raja Dablu, (5) Imtiyaz Ali @ Chand, (6)
Akbar Ali Rezi @ Rozi, (7) Iqramul Haq @ Tunnu (Daroga), (8)
imtiyaz Khan, (9) Mohd. Saddam & (10) Tanveer Alam. It was
alleged by the informant that all these persons are working in
the gang of land Mafiya, Naushad Malik and before this
incident, on 17/02/2025 attempt was made to kill the deceased
and an FIR in Gardanibagh Police Station was also registered.
Accused persons are illegally occupying the ancestral and of the
informant's deceased husband and cases are pending in this
regard in Patna Civil Court. It was alleged that due to this
reason all accused persons have conspired to kill informant's
husband.
4. Learned senior counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
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alleged in the FIR and petitioner has been made accused in the
present case on the basis of suspicion as well as on the basis of
CCTV footage.
5. Learned counsel for the informant and learned APP
for the State, on the other hand, have vehemently opposed the
prayer for bail of the petitioner and submits that it has come
during investigation particularly in paragraph-87 of the case
diary that the eye witness of the occurrence, namely, Intekhab
Alam has categorically stated that the petitioner has fired upon
the victim and apart from the aforesaid, the medical evidence
(postmortem report) also supported the contention of the
witnesses in the present case.
6. Considering the aforesaid facts and there is direct
and specific allegation attributed against the petitioner and the
victim has died, I am not inclined to enlarge the petitioner on
bail in connection with Phulwarisharif P.S. Case No. 779 of
2025 pending in the court of learned 4 th Additional Chief
Judicial Magistrate, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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