Patna High Court

Nanhi Lal MehtaversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

Bail was granted on the ground that the case is founded on mere suspicion and there is insufficient incriminating evidence.

Summary

Nanhi Lal Mehta was arrested in connection with the alleged murder of his father, charged under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The informant, the son of the deceased, claimed that Mehta and his sister‑in‑law had an illicit relationship and that they murdered the father who opposed it. The petitioner argued that the accusation rests solely on suspicion, there is no eye‑witness, no material incriminating evidence and the informant had a motive to fabricate the case; the deceased reportedly died of cardiac arrest and the petitioner has no prior criminal record. The Additional Public Prosecutor opposed bail. The Court examined the lack of substantive evidence, the clean record of the petitioner and the possibility of a false complaint, and therefore ordered bail on condition of a cash bond and sureties. The application for bail was allowed.

Issues considered

Whether bail should be granted when the prosecution case is based only on suspicion and lacks eyewitness or material evidence.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)

Subjects

bail
murder
suspicion
Bharatiya Nyaya Sanhita
criminal procedure
no eyewitness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87681 of 2025
                        Arising Out of PS. Case No.-211 Year-2025 Thana- BIRPUR District- Supaul
                 ======================================================
                 Nanhi Lal Mehta, male, aged abou 45 years, S/O Late Bechcha Mehta @
                 Bachcha Mehta, R/O Village- Banailipatti Ward no. 2, P.S- Birpur, District-
                 Supaul.
                                                                          ... ... 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. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Birpur

                   PS Case No.211 of 2025 dated 22.06.2025, instituted for the

                   offence punishable under Sections 103(1), 61(2), 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the deceased, who is

                   the father of the informant and the sister-in-law (Bhabhi) of the

                   informant, who was a widow, used to reside in the ancestral

                   house of the informant. On the alleged, date of occurrence, in

                   the early morning, the informant came to know that his father

                   has died. When he visited the ancestral house, he found his

                   father was lying dead and he noticed some foul play. The
Patna High Court CR. MISC. No.87681 of 2025(3) dt.11-02-2026
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          informant raised suspicion that his sister-in-law (Bhabhi) and

          the petitioner has committed the murder of the deceased because

          there was illicit relationship between his sister-in-law (Bhabhi)

          and the petitioner which was always opposed by the deceased.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been made accused only on the basis of suspicion.

          There is no eye witness to the occurrence. Nothing

          incriminating       has     come        against      the   petitioner   during

          investigation. As a matter of fact, the informant himself had

          deserted his old father and widow sister-in-law, who were living

          separately from the informant and he was not ready to give the

          share to his sister-in-law and due to this he has lodged this false

          and concocted case. The deceased has died due to cardiac arrest.

          Lastly, it is submitted that the petitioner is in custody since

          01.09.2025 having no criminal antecedents.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the ACJM, Birpur, Supaul, in Birpur

          PS Case No.211 of 2025.
            Patna High Court CR. MISC. No.87681 of 2025(3) dt.11-02-2026
                                                        3/3




                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-

U      T

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