IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65563 of 2025 Arising Out of PS. Case No.-535 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Nilophar Khan @ Nilofar Khan Wife of Enam Khan D/o Anam Khan, Resident of Village - Ujari Sikthi, P.S.- Bhabhua, District - Kaimur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67898 of 2025 Arising Out of PS. Case No.-535 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Nehal Khan S/o Late Alaudin Khan @ Late Alauddin Khan R/o Village- Ujari Sikahti, P.S.- Bhabhua, District- Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70412 of 2025 Arising Out of PS. Case No.-535 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sarfaraj khan @ sarfaraj Ahmad Khan S/O Late Alauddin Khan Resident of village - ujari sikthi, P.s -Bhabua, District - Kaimur at Bhabua ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70488 of 2025 Arising Out of PS. Case No.-535 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Asfaq Khan @ Ashfaq Ahmed Khan S/o Late Alauddin Khan R/o Village- Ujari Sikthi, P.S.- Bhabhua, District- Kaimur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70870 of 2025 Arising Out of PS. Case No.-535 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Patna High Court CR. MISC. No.65563 of 2025(3) dt.24-11-2025 2/5 Asif Khan S/O Sarfaraj Khan @ Sarfaraj Ahmad Khan Resident of Village- Ujari Sikthi, P.S.- Bhabhua, District- Kaimur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72875 of 2025 Arising Out of PS. Case No.-535 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Irshad Ahmed Khan Son of Late Alauddin Khan Resident Of Village- Ujari Sikthi P.s- Bhabhua District- Kaimur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 65563 of 2025) For the Petitioner/s : Mr.Binay Kumar For the Opposite Party/s : Mr.Madhura Nand Jha (In CRIMINAL MISCELLANEOUS No. 67898 of 2025) For the Petitioner/s : Mr.Shashank Shekhar For the Opposite Party/s : Mr.Md. Matloob Rab (In CRIMINAL MISCELLANEOUS No. 70412 of 2025) For the Petitioner/s : Mr.Allama Abdul Quadir Jamal Faridi For the Opposite Party/s : Mr.Rajendra Nath Jha (In CRIMINAL MISCELLANEOUS No. 70488 of 2025) For the Petitioner/s : Mr.Allama Abdul Quadir Jamal Faridi For the Opposite Party/s : Mr.Pranav Kumar (In CRIMINAL MISCELLANEOUS No. 70870 of 2025) For the Petitioner/s : Mr.Allama Abdul Quadir Jamal Faridi For the Opposite Party/s : Mr.Anil Prasad Singh (In CRIMINAL MISCELLANEOUS No. 72875 of 2025) For the Petitioner/s : Mr.Allama Abdul Quadir Jamal Faridi For the Opposite Party/s : Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 24-11-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State (in all the aforesaid cases). 2. The petitioners seek bail in a case registered for offence under Sections 126(2), 115(2), 103, 352, 351(2), 61(2), 3(5) of the B.N.S., 2023 and Sections 25(1-AA), 26, 27, 35, 30 of the Arms Act. Patna High Court CR. MISC. No.65563 of 2025(3) dt.24-11-2025 3/5 3. The prosecution case, in brief, is that on 29.06.2025 at about 02:15 PM, the informant alongwith his three brothers reached Irshad Ahmed Khan's Baithaka for a panchayat pertaining to land dispute, where Ashfaque Ahmed Khan, Sarfaraz Ahmed Khan, Nehal Khan, Irshad Ahmed Khan, Enaam Khan, Asif Khan, Tanweer Khan and Gurfan Khan were present and got excited on seeing the informant and his brothers and started abusing them and thereafter, Asfaque Ahmad Khan, Irshad Ahmed Khan and Asif Khan said that close the main gate of the house and instigated to kill them. Asif Khan ran and closed the gate. Thereafter Nihal Khan took out a pistol from his waist and fired at the informant with intention to kill him. As soon as, the informant and his brothers tried to flee, then Enaam Khan's wife Nilofar Khan brought the licensee rifle from inside the house and handed over to co-accused Enaam Khan. He fired two shots in which one shot hit the informant's brother Niaz Ahmed Khan in the chest who fell down and died there. On commotion, nearby peoples gathered there, then accused persons fled inside the house. Hence, this case. Cr.Misc. No. 65563 of 2025 4. Learned counsel for the petitioner submits that petitioner is lady and she is alleged to have brought the licensee Patna High Court CR. MISC. No.65563 of 2025(3) dt.24-11-2025 4/5 rifle from inside the house and handed over to her husband co- accused Enaam Khan, who shot dead brother of informant. Petitioner has got clean antecedent and is in custody since 30.06.2025. Cr.Misc. No. 67898 of 2025 5. Learned counsel for the petitioner submits that as per F.I.R., this petitioner is alleged to have took out a pistol from his waist and fired at the informant, however it missed. Petitioner has got clean antecedent and is in custody since 30.06.2025. Cr.Misc. No. 70412 of 2025 Cr.Misc. No. 70488 of 2025 Cr.Misc. No. 70870 of 2025 Cr.Misc. No. 72875 of 2025 6. Learned counsel for the petitioners submits that as per F.I.R., these petitioners are only alleged to be order-giver. There is no specific overt act has been alleged against them. Specific accusation is against co-accused Enaam Khan. Petitioners have got clean antecedent and are in custody since 30.06.2025, except petitioner Irshad Ahmed Khan (Cr.Misc. No. 72875 of 2025), who is in custody since 30.07.2025. 7. Learned A.P.Ps. for the State vehemently opposed the bail petitions. Patna High Court CR. MISC. No.65563 of 2025(3) dt.24-11-2025 5/5 8. Considering the aforesaid facts and circumstances as well as clean antecedent and period of custody, all the bail petitions are allowed. 9. Let the above named petitioner in all the aforesaid cases be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhabhua / concerned Court in connection with Bhabhua P.S. Case No. 535 of 2025. anay (Prabhat Kumar Singh, J) U T