Created by Fuzzy Cloud

Patna High Court

Md. Shahrukh @ Shahrukh Khan @ Salman @ Salman KhanversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.84263 of 2025(4) dt.16-03-2026
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.