Patna High Court
Md. Majima @ Mujid Alam @ Md. Mujim AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5)
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
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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
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of 2025, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
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