S.K. Ekbal @ Md. Munirul Haque @ Shekh Ekbal Khan @ Shekh Ekbal @ Md. Munieul Haque Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1169 of 2026

Arising Out of PS. Case No.-67 Year-2025 Thana- GAUNAHA District- West Champaran

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S.K. Ekbal @ Md. Munirul Haque @ Shekh Ekbal Khan @ Shekh Ekbal @ Md. Munieul Haque S/o- Late Jayaul Haque R/v- Madhopur PS- Gaunaha District-West Champaran

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... ... Petitioner/s

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The State of Bihar ===================	Versus ... . =======================	.. Opposite Party/s ============
Appearance :
For the Petitioner/s :	Mr. Shashank Chandra Mr. Umesh Kumar Gupta
For the Opposite Party/s : ===================	Mr. Rabindra Kumar- A.P.P. Mr. Bimlesh Kumar Pandey Mr. Satyam Kumar Ojha =======================	============

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 06-02-2026

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Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.

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The petitioner seeks bail in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1) and 103(1) of the B.N.S.

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The learned counsel for the petitioner submits that the petitioner has antecedent of one case and is in custody since 31.10.2025. It is next submitted that informant, who is mother of the deceased, alleges that she along with some of her family members had gone to the field, when accused persons came and Adnan, Ayan, Aman Kamal, Adnan Kamal and Dolar stabbed

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Patna High Court CR. MISC. No.1169 of 2026(2) dt.06-02-2026 2/4

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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 on his stomach and also cut on his two fingers, thereafter, accused persons fled and injured were taken to hospital, but her son died on the way.

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The learned counsel for the petitioner submits that petitioner had earlier approached this Court seeking anticipatory bail by filing Cr. Misc. No.69523 of 2025 and the same came to be rejected by an order dated 10.10.2025, considering the order dated 10.10.2025 in Cr. Misc. No.68174 of 2025 (Sariyat Alam Khan @ Sariyat Alam @ Sariyat Khan vs. the State of Bihar). It is next submitted that petitioner is in custody since 31.10.2025. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner is not alleged to have assaulted/ stabbed the son of the informant leading to his death rather petitioner is alleged to have assaulted Basim Sah with knife along with Nazir and Firoz. It is further submitted that injury of Basim is on record annexed as Annexure-3 to the anticipatory bail application and from perusal of the same, it would manifest that the injury suffered by Basim

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Patna High Court CR. MISC. No.1169 of 2026(2) dt.06-02-2026 3/4

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Sah has been opined to be simple in nature. It is also submitted that at Para-97 of the case diary, it has been recorded that the petitioner on the date of occurrence was at Gaunaha Police Station in between 11.00 A.M. to 12.42 P.M. for resolving a dispute relating to land in between petitioner and Ram Chandra Yadav alias Sawru Yadav as has been ascertained by the Investigating Officer of the case and thereafter, the same was recorded at Para-97. It is thus submitted that during the course of investigation, material has come which creates doubt with regard to the presence of the petitioner at the place of occurrence. It is reiterated and submitted that allegation of assault by knife is alleged, but then, is not specific and during the course of investigation, it has also come that petitioner was at Gaunaha Police Station on the date of occurrence in between 11.00 A.M. to 12.42 P.M. It is next submitted that the said Para97 of the case has been pleaded at Para-15 of the anticipatory bail application.

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Learned A.P.P. Sri Rabindra Kumar as well as the learned counsel appearing on behalf of the informant opposes the bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that petitioner is not the assailant of the son of the

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Patna High Court CR. MISC. No.1169 of 2026(2) dt.06-02-2026 4/4

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deceased and the injury suffered by Basim Sah has been opined to be simple in nature, though two injuries are on non-vital part of the body and one injury is on stomach, but then, allegation that who assaulted where is not alleged. It is also submitted that petitioner will not abscond rather will cooperate in the trial to prove his innocence.

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After hearing the learned counsel for the parties, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gaunaha P. S. Case No. 67 of 2025.

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The application stands allowed.

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(Satyavrat Verma, J)

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vikash/-

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U T

S.K. Ekbal @ Md. Munirul Haque @ Shekh Ekbal Khan @ Shekh Ekbal @ Md. Munieul Haque v. The State of Bihar

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S.K. Ekbal @ Md. Munirul Haque @ Shekh Ekbal Khan @ Shekh Ekbal @ Md. Munieul Haque v. The State of Bihar

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