Patna High Court
Khurshid KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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