Patna High Court
Sukesh BhuiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, holding that the absence of specific allegations against them and their clean antecedent justify release on bail with conditions.
Summary
The petitioners, Sukesh Bhuiyan and Suresh Bhuiyan, were arrested on 13 October 2025 in connection with FIR No. 12/10/2025 alleging murder and other offences under Sections 329(4), 191(2), 190, 115(2), 352, 351(2) and 103(1) of the B.N.S., 2023. They applied for bail, contending that they have clean antecedents and that the FIR contains only a generic allegation against all accused without any specific act attributed to them. The State opposed the bail, arguing the seriousness of the offences. The Court examined the lack of specific incriminating material against the petitioners and their clean record, and consequently ordered bail on a bond of Rs.10,000 with two sureties and several conditions. The bail order also directed the lower court to verify the petitioners' antecedents and to cancel bail if any concealment or tampering with evidence occurs.
Issues considered
- Whether bail can be granted when the FIR contains only a generic allegation against the accused without specific acts attributed to them.
- Whether the petitioners' clean antecedent warrants bail despite the seriousness of the offences charged.
Legislation cited
- B.N.S., 2023 — s. 103(1), 115(2), 190, 191(2), 329(4), 351(2), 352
Subjects
- bail
- criminal procedure
- clean antecedent
- generic allegation
- section 329
- section 191
- section 190
- section 115
- section 352
- section 351
- section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5455 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
1. Sukesh Bhuiyan S/o Hari Kishun Bhuiyan @ Hari Kishan R/o vill - Tetariya,
P.s.- Salaiya, Distt.- Aurangabad.
2. Suresh Bhuiyan S/o Darogi Bhuiyan R/o vill - Tetariya, P.s.- Salaiya, Distt.-
Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Bindeshwar Prasad Singh, learned counsel
for the petitioners and Mr. Ganesh Prasad Singh, learned APP
for the State.
2. The petitioners seeks bail, who are in custody since
13.10.2025 in connection with Salaiya P.S. Case No. 99 of 2025,
F.I.R. dated 12.10.2025 for the offences punishable under
Sections 329(4), 191(2),190, 115(2), 352, 351(2), 103(1) of the
B.N.S., 2023.
3. According to prosecution case, the FIR named
accused persons including these petitioners are alleged to have
barged into the house of the informant abused and thrashed and
dragged her father-in-law from the house and took him towards
Patna High Court CR. MISC. No.5455 of 2026(2) dt.29-01-2026
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the hill and killed.
4. Learned counsel for the petitioners submits that
petitioner have clean antecedent and they have falsely been
implicated in the present case. He further submits that although
the petitioners are named in the FIR but from a bare perusal of
the FIR, it appears that there is no specific allegation of any
assault or overt act attributed against them rather there is general
and omnibus allegation against all the accused persons including
these petitioners and the police after investigation, submitted
chargesheet against the petitioners and the petitioners are in
custody since 13.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioners have clean antecedent and
there is no specific allegation of any assault or overt act
attributed against the petitioners, let the petitioners, above
named, 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 the learned Chief Judicial
Magistrate, Aurangabad in connection with Salaiya P.S. Case
No. 99 of 2025, with the following conditions:
Patna High Court CR. MISC. No.5455 of 2026(2) dt.29-01-2026
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i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for cancella-
tion of bail bond of the petitioners. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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