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Patna High Court

Khurshid KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Khurshid Khan, was arrested along with 13 others in connection with the alleged killing of Dhananjay Giri and Guddu Yadav, charged under Sections 103(1), 61(2), 111 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that he was innocent, had no prior criminal record, and that the informant was not an eye‑witness, making it unclear whose gunfire caused the deaths. The State opposed bail, citing the seriousness of the offences. The High Court considered the petitioner’s clean antecedents, the length of his custody since 22‑08‑2025, and the lack of specific evidence linking him to the fatal shots. Accordingly, the Court granted bail on a bond of Rs. 10,000 with two sureties, directing release subject to the conditions of the Judicial Magistrate. The order effectively disposed of the bail petition.

Issues considered

  • Whether bail should be granted to the petitioner accused under the B.N.S. and Arms Act for alleged homicide.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • murder
  • clean antecedents
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.88985 of 2025

                      Arising Out of PS. Case No.-326 Year-2025 Thana- SANGRAMPUR District- East
                                                        Champaran
                 ======================================================
                 Khurshid Khan S/o Fadalli Khan @ Fajal Ali Khan Resident of Village -
                 Jharwa, P.S. - Hrshidhi, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar

                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Madhurendra Kumar, Advocate
                 For the State            :       Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                                  ORAL ORDER


2   12-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1), 61(2), 111 and 3(5)

                   of the B.N.S. and Section 27 of the Arms Act.

                                  3. As per prosecution case, all 14 F.I.R. named

                   accused persons, including this petitioner, are alleged to have

                   killed husband of informant, namely Dhananjay Giri and one

                   Guddu Yadav by firing gun shot.

                                  4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.88985 of 2025(2) dt.12-02-2026
                                            2/3




          petitioner is quite innocent and has committed no offence. From

          bare perusal of the F.I.R. it is apparent that informant is not an

          eye witness to the occurrence. Even as per prosecution case, all

          14 F.I.R. named accused persons, including this petitioner, are

          alleged to have made indiscriminate firing as a result husband of

          informant, namely Dhananjay Giri sustained two fire arm

          injuries whereas Guddu Yadav sustained one fire arm injury,

          however, it is not specific that whose fire hit the deceased

          persons. Moreover, charge-sheet has already been submitted and

          petitioner, having no criminal antecedents, is in custody since

          22.08.2025.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, period of custody and clean antecedents of the petitioner,

          the prayer for grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Judicial Magistrate 1st Class, East

          Champaran, Motihari in connection with Sangrampur P.S. Case
             Patna High Court CR. MISC. No.88985 of 2025(2) dt.12-02-2026
                                                         3/3




                       No. 326 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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