Patna High Court
Md. Taufik AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Taufik Alam, was arrested in connection with the murder of the informant's daughter, alleged to have been killed because of a love affair with the petitioner. The prosecution's case rests on a confessional statement of a co-accused, with no eyewitness testimony, and the petitioner denies any involvement. He has been in custody since 15 July 2025 and a charge sheet has already been filed. The petitioner applied for regular bail under sections 103(1) and 3(5) of the Bhartiya Nyay Sanhita, 2023, claiming false implication. After hearing both sides, the court considered the lack of direct evidence, the length of pre‑trial detention, and the filing of the charge sheet, and ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under sections 103(1) and 3(5) of the Bhartiya Nyay Sanhita, 2023 in a murder case where the prosecution relies mainly on a co‑accused's confessional statement and there is no eyewitness.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- false implication
- confessional statement
- charge sheet
- Bhartiya Nyay Sanhita
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89134 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Md. Taufik Alam son of Md. Masad Kalim Mansuri @ Gabbar Resident of
Village- Parti Tola, Laukaha, Ps- Laukaha, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Laukaha P.S. Case no.
102 of 2025 registered under sections 103(1) and 3(5) of the
Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that his daughter was threatened by the elder brother of the
petitioner that she should not have an affair with the petitioner
and finally, both the petitioner and his elder brother killed her by
stabbing with a knife.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. As per the
allegations in the FIR, the reason of the daughter of the
informant being killed is her having a love affair with the
petitioner. Thus, there is no reason for the petitioner to have
Patna High Court CR. MISC. No.89134 of 2025(4) dt.24-02-2026
2/2
murdered her. There is no eyewitness to the occurrence and the
prosecution is mainly relying on the confessional statement of
co-accused Tauquir Akhtar who in his confessional statement
before police has stated about the petitioner catching hold of the
daughter of the informant. The allegation is categorically
denied. The petitioner is in custody since 15.7.2025 and charge
sheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the reason
for the occurrence of the co-accused having murdered the
daughter of the informant being her having an affair with the
petitioner herein, there being no eyewitness to the occurrence,
the petitioner being in custody for 7 months since 15.7.2025 and
charge sheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Laukaha P.S.
Case no. 102 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Sub Divisional Judicial Magistrate,
Jhanjharpur, Madhubani.
Bibhash (Partha Sarthy, J)
U T
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