Shakil Ahmad @ Sakil Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60742 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- GAUNAHA District- West Champaran ====================================================== 1.
Shakil Ahmad @ Sakil Ahmad S/o- Abdul Bari @ Shekh Baari Resident of village- Ward No 03 Madhopur PS- Gaunaha Dist- West Champaran 2.
Ganga Nath @ Ganganath S/o- Chahargun Nath @ Jiyari Nath R/o- W.No14, Village- Harkatwa Ps- Gaunaha Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chandra, Adv.
For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant, Mr. Bimlesh Kumar Pandey.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 118(1) and 103(1) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioner no. 1 is a person with clean antecedent and petitioner no. 2 has antecedent of one case in which he was exonerated during the course of investigation. It is next submitted that informant, who is mother of the deceased, alleges that she along
Patna High Court CR. MISC. No.60742 of 2025(2) dt.12-09-2025 2/3 with some of her family members had gone to the filed, when accused persons came and Adnan, Ayan, Aman Kamal, Adnan Kamal and Dolar stabbed her son causing injury on his abdomen, further Imranul, Shabnam and Kyamuddin Kamal assaulted her brother Wasim Akhtar by lathi and knife causing injury on head, thereafter Nazir, Firoz and Ekbal stabbed Basim Sah causing injury in his stomach and also cut his two fingers, thereafter, accused fled and injured were taken to hospital, but her son died on the way.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assaulting her son and brother is against the named accused person. It is next submitted that there is no specific allegation of assault against the petitioners. It is also submitted that Shabnam Khatoon who is alleged to have assaulted her brother Wasim along with Imranul and Kayamuddin was not even present at the place of occurrence. It is next submitted that on account of dispute relating to land, the present occurrence is alleged to have taken place.
5. Learned A.P.P. for the State and the learned counsel
Patna High Court CR. MISC. No.60742 of 2025(2) dt.12-09-2025 3/3 appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners and submits that informant is an eye witness to the occurrence and has given a vivid description of the occurrence. It is also submitted that son of the informant died on account of stabbing, as such, it does not appear probable that informant would have implicated innocent persons who were not responsible for the killing of her son. It is next submitted that no doubt no specific allegation of assault is alleged against the petitioners, but then their presence at the place of occurrence emboldened the other named accused to commit the occurrence of stabbing. The learned APP, at this stage, submits that investigation in the case is continuing.
6. Considering the submissions made by the learned APP for the State and the learned counsel appearing on behalf of the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.
7. Accordingly, the instant anticipatory bail application stands rejected.
(Satyavrat Verma, J) Rishabh/- U T