Md. Shahrukh @ Shahrukh Khan @ Salman @ Salman Khan v. The State Of Bihar
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 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 4th Additional Chief Judicial Magistrate, Patna.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Nitesh/- U T