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Patna High Court

Md. Majima @ Mujid Alam @ Md. Mujim AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, finding the allegations insufficient to justify their arrest.

Summary

The petitioners, a group of relatives residing in Kamalpur, were implicated in a murder case (Laukaha PS Case No.107 of 2025) alleging they assaulted the informant’s husband, who later died. The prosecution alleged the assault caused the death, invoking Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita. The petitioners contended that the death was due to natural causes, supported by a post‑mortem report showing no external injuries and attributing death to cardio‑respiratory failure, and highlighted a long‑standing neighbor dispute over water drainage. The court considered the nature of the allegation, the dispute, and the medical evidence, and found insufficient basis to link the petitioners to the homicide. Accordingly, the court exercised its power under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023, and granted anticipatory bail to the petitioners, subject to bail bond conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the allegations under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita.
  • The relevance of the post‑mortem report indicating natural death to the charge of homicide.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • homicide
  • natural death
  • post‑mortem report
  • neighbor dispute
  • Section 482

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.10304 of 2026

        Arising Out of PS. Case No.-107 Year-2025 Thana- LAUKAHA District- Madhubani
     ======================================================
1.    Md. Majima @ Mujid Alam @ Md. Mujim Alam son of Md. Gafur Resident
      Of Village- Kamalpur, Ps- Laukaha, Dist- Madhubani
2.   Md. Mujahir @ Md. Mojahir @ Md. Majahir @ Md. Mjahir son of Md.
     Gafur Resident Of Village- Kamalpur, Ps- Laukaha, Dist- Madhubani
3.   Md. Chhotku son of Md. Gafur Resident Of Village- Kamalpur, Ps-
     Laukaha, Dist- Madhubani
4.   Md. Sakir son of Gafur @ Md. Gafur Resident Of Village- Kamalpur, Ps-
     Laukaha, Dist- Madhubani
5.   Nurjaha Khatoon wife of Md. Sakir Resident Of Village- Kamalpur, Ps-
     Laukaha, Dist- Madhubani
6.   Sutti Khatoon @ Hashina Khatoon @ Hasina Wife of Md. Chhotku Resident
     Of Village- Kamalpur, Ps- Laukaha, Dist- Madhubani
7.   Rashulla Khatoon @ Rashuliya Khatoon @ Rasula Khatun Wife of Md.
     Mojahir Resident Of Village- Kamalpur, Ps- Laukaha, Dist- Madhubani

                                                                     ... ... Petitioner/s
                                          Versus

     The State of Bihar

                                            ... ... Opposite Party/s
     ======================================================
                                            with

                CRIMINAL MISCELLANEOUS No. 10414 of 2026
        Arising Out of PS. Case No.-107 Year-2025 Thana- LAUKAHA District- Madhubani

     ======================================================
     Md. Akbar @ Akbar Ali Son of Md. Dukhiya @ Dukhiya Miya Resident Of
     Village- Kamalpur, Ps- Laukaha, Dist- Madhubani

                                                                     ... ... Petitioner/s
                                          Versus

     The State of Bihar

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 10304 of 2026)
     For the Petitioner/s :  Mr. Subodh Kumar Jha
                             Mr. Chandra Mohan Jha
         Patna High Court CR. MISC. No.10304 of 2026(3) dt.23-04-2026
                                                     2/4




                 For the Opposite Party/s : Dr. Kumar Uday Pratap
                 (In CRIMINAL MISCELLANEOUS No. 10414 of 2026)
                 For the Petitioner/s     : Mr. Subodh Kumar Jha
                                            Mr. Chandra Mohan Jha
                 For the Opposite Party/s : Dr. Kumar Uday Pratap
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

3   23-04-2026         1. Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Laukaha Police Station Case No. 107 of 2025, dated

                            22.07.2025,       disclosing        offences   under   Sections

                            103(1)/3(5) of the Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, in brief, is that a fardbayan was

                            recorded on 22.07.2025 at 14:20, stating therein, that on

                            21.07.2025, in the night at about 10:30 PM, the neighbour

                            of the informant was releasing dirty water in his land and

                            when the informant protested, the accused persons,

                            including the petitioners, became annoyed, caught hold of

                            the informant’s husband and assaulted him by fists and

                            slaps. The informant’s husband fell down and later died in

                            the hospital.

                       4. Mr. Subodh Kumar Jha, learned counsel for the

                            petitioners submits that the petitioners have not

                            committed any offence in the manner alleged and they
Patna High Court CR. MISC. No.10304 of 2026(3) dt.23-04-2026
                                            3/4




                  have been implicated in the present case in the garb of

                  death of deceased due to natural reasons. He next submits

                  that both the parties are neighbours and there is long

                  standing dispute between them for drainage of water.

                  Referring to the postmortem report, learned counsel

                  submits that the doctor has not found any external injuries

                  on the body of the person of deceased and in opinion of

                  doctor, the deceased has died due to cardio respiratory

                  failure (natural).

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the nature of

                  allegation, long standing dispute between the parties and

                  the post-mortem report of deceased, I am inclined to grant

                  the petitioners privilege of anticipatory bail.

              6. This application is, accordingly, allowed.

              7. Let the petitioners, above named, in the event of their

                  arrest or surrender before the Court below within four

                  weeks, 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 learned Sub

                  Divisional Judicial Magistrate, Jhanjharpur, Madhubani,

                  in connection with Laukaha Police Station Case No. 107
            Patna High Court CR. MISC. No.10304 of 2026(3) dt.23-04-2026
                                                        4/4




                              of 2025, subject to the condition laid down under Section

                              482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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