Patna High Court
Ajay BhuiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner on the ground of lack of direct evidence linking him to the murder.
Summary
The petitioner, Ajay Bhuiyan, was accused in a murder case (Section 302/34 IPC) concerning the death of his wife, whose body was found outside his house and the post‑mortem suggested suicide. He applied for bail, arguing that there is no eyewitness evidence linking him to the killing and that he cannot be said to possess special knowledge under Section 106 of the Evidence Act. The State opposed the bail. The Court observed the absence of direct evidence against the petitioner and, on a prima facie basis, decided to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The order expressly states that the observations are limited to the bail application and will not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a murder case where no direct evidence or eyewitness testimony exists.
- Whether the accused can be said to have special knowledge of the offence under Section 106 of the Evidence Act.
Legislation cited
- Indian Evidence Act, 1872 — s. 106
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Section 302
- Section 34
- Evidence Act
- Section 106
- prima facie
- no eyewitness
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22738 of 2026
Arising out of PS. Case No.-44 Year-2024 Thana- SALAIYA District- Aurangabad
======================================================
Ajay Bhuiyan S/o Satyendra Bhuiyan R/o Village - Tikwa Sthan, P.S -
Salaiya, District – Aurangabad
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Adv.
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Salaiya P.S. Case No. 44
of 2024, registered under Section 302/34 of IPC.
3. The allegation is that the marriage of the deceased
was solemnized with the petitioner three years back and they
had three children. On 18.06.2024, the son-in-law called him
and stated that his daughter has fled away with someone.
Thereafter, on 20.06.2024 he came to the house of his daughter
where she came to know that she has been killed and the dead
body has been removed. The dead body was found on
21.06.2024. The postmortem report would suggest suicide. The
petitioner is the husband.
Patna High Court CR. MISC. No.22738 of 2026(3) dt.19-05-2026
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4. Learned counsel for the petitioner submits that
there is no eye witness suggesting the killing of the deceased by
the petitioner. He further submits that the petitioner could not be
attributed with special knowledge under Section 106 Evidence
Act since the dead body was found outside the house of the
petitioner.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that there is no direct evidence linking
to the petitioner of killing the deceased, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Sessions Judge,
Aurangabad, in connection with Salaiya P.S. Case No.
44 of 2024 (S.Tr. No.742 of 2024).
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
Patna High Court CR. MISC. No.22738 of 2026(3) dt.19-05-2026
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influence the trial or any other proceedings in any
manner.
Vikash/- (Ansul, J)
U T
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