Anwar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35281 of 2025 Arising Out of PS. Case No.-341 Year-2023 Thana- AMAS District- Gaya ====================================================== Anwar Khan S/o Nasruddin Khan, R/o Village- Karmauni, Police StationDobhi, District- Gaya. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in a case in connection with Amas P.S. Case No. 341 of 2023 dated 27.09.2023, registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, on 27.09.2023 at about 09:30 AM, the informant along with his father and younger brother went to a salon at Gamhariya for haricut, in the meantime, three persons came there on two motorcycles and called out the informant's father and threatened him to compromise the matter with respect to land of one Pramod
Patna High Court CR. MISC. No.35281 of 2025(3) dt.07-11-2025 2/3 Mishra. When the informant's father refused, they started abusing him. It is further alleged that one person fired on the back of informant's father due to which he fell down and the accused person fired on the head of the informant's father due to which he died on the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the FIR and his name has transpired in the present case on the basis of confessional statement of the co-accused person namely, Amanullah Khan @ Fotu Khan. The petitioner has got one criminal antecedent as mentioned in paragraph no. 3 of the bail petition.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail petition of the petitioner and submitted that the accused persons fired on the back side and head of the informant's father due to which he died on the spot.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within four weeks from
Patna High Court CR. MISC. No.35281 of 2025(3) dt.07-11-2025 3/3 the date of this order and the Court below may consider the prayer of bail of the petitioner without being prejudiced by this order.
7. The application stands rejected.
(Chandra Prakash Singh, J) Shahnawaz/- U T