IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52822 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- Mathurapur District- Samastipur ====================================================== 1. Abdus Samad Khan @ Samad Khan Son Of Late Tuffail Ahmad Khan Village- Nurganj Po- Begumpur Ps -mathurapur District- Samastipur 2. Izhar Khan @ Izhar Ahmad Khan Son Of Late Anzar Ahmad Khan Village- Nurganj Po- Begumpur Ps -mathurapur District- Samastipur ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Harsh Vardhan, Advocate For the Opposite Party/s : Ms/Mrs. Gulnar Begum, A.P.P. Mr. Amit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 04-09-2025 Heard learned counsel for the petitioners, the State and the informant. 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. 3. As per the prosecution case, on 16.05.2025, when informant returned home after offering Friday prayers in the mosque, these petitioners along with 20-25 other accused persons climbed over his boundary wall and entered his house and started abusing the informant. It is alleged that informant got frightened and took out his licensed gun with the intention Patna High Court CR. MISC. No.52822 of 2025(3) dt.04-09-2025 2/3 of scaring them but his sister-in-law snatched his gun from him. Meanwhile, petitioners and one or two other accused persons tried to snatch the gun and in course of the same, barrel of gun turned towards informant. It is alleged that petitioners pressed trigger of the gun and bullet hit his sister-in-law. Victim sustained fire arms injury and died during treatment. 4. Learned counsel appearing for the petitioners submits that petitioners and informant are relatives and due to local politics, petitioners have been implicated in this case with false and concocted allegations. Informant is land mafia and is trying to capture land of local graveyard by demolishing its wall which act was opposed by these petitioners and others. Thereafter, informant side pelted stone on the house of the petitioners for which Mathurapur Police Station Case No. 46/2025 was lodged against informant and his family members. Present case is counter blast of the aforesaid case. Petitioners claim clean antecedent. 5. Learned counsel for the State and the informant oppose the prayer for bail. Learned counsel for the informant submits that petitioners are named in the FIR with specific allegation that they pressed trigger of the gun which hit grand daughter of the informant who died during treatment due to gun Patna High Court CR. MISC. No.52822 of 2025(3) dt.04-09-2025 3/3 shot injury in the right thigh. Post mortem report also reveals that daughter in law of informant died of gun shot injury. During course of investigation, several witnesses have supported the prosecution case. Impugned order dated 1.7.2025 indicates that the case is still under investigation. 6. Considering the nature of accusation, prayer for bail of the petitioners is rejected. Shashi (Prabhat Kumar Singh, J) U T