Khan Sir filed a petition in Patna High Court seeking to quash the FIR against him, but Bihar Police rejected the plea. The police argue that possessing a valid arms licence does not grant an unrestricted right to fire in public places.
Key Takeaways
- Bihar Police rejected the petition to quash the FIR.
- A valid arms licence does not automatically allow firing in public.
- The case remains under investigation with multiple pieces of evidence, including videos.
On June 9, Faisal Khan, popularly known as Khan Sir, approached the Patna High Court seeking the quashing of an FIR lodged against him after a violent incident outside his coaching institute. The state’s police force opposed the plea, emphasizing that a lawful arms licence alone does not confer an unrestricted right to discharge firearms in a public setting.
Background and Legal Framework
Khan Sir, founder of Khan Global Studies (KGS), became the centre of a controversy following clashes on June 2 in Patna’s Musallahpur Haat area. Rival coaching groups allegedly vandalised the institute and assaulted a security guard. Subsequent video evidence showed two security guards firing outside the premises, prompting a separate FIR against Khan, the guards, and others.
Police Counter‑Argument
The Bihar Police filed a detailed counter‑affidavit stating that the FIR was not based on conjecture but on “credible information” and verified video material. They underscored that while the guards possessed valid arms licences, this fact alone does not justify the alleged firing. The investigation must assess whether the use of firearms complied with the licence conditions and broader legal provisions.
Judicial Procedure
The High Court, on June 10, directed the state to submit a counter‑affidavit within four weeks and allowed the petitioner to file a rejoinder. The matter was listed for further hearing, with the court ordering that the “position be retained” pending a thorough investigation.
Implications and Future Outlook
State authorities cite Section 109 (attempt to murder) of the Bihar Negotiable Substances Act and Sections 25(9), 27 and 35 of the Arms Act, 1959, as the legal basis for continuing prosecution. Citing Supreme Court precedents such as *State of Haryana v. Bhajan Lal* and *Dineshbhai Chandubhai Patel*, the police argue that the FIR cannot be dismissed at this investigative stage.