Khurshid Khan v. The State Of Bihar

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 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