Patna High Court
Iltaf Hussain @ Bablu MianversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Iltaf Hussain @ Bablu Mian was arrested in connection with a murder case (Muffasil P.S. Case No. 367 of 2025) alleged under Sections 137(2) and 3(5) of the B.N.S., with the charge sheet later found true under Sections 140(1), 238 and 103(1). The prosecution alleged that the husband of an informant was killed and that the petitioner, along with a co‑accused, was involved. The petitioner claimed innocence, arguing that his name was absent from the FIR and that the post‑mortem report indicated death by drowning with no ante‑mortem injuries, despite a confessional statement implicating him. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court decided to grant bail on a bond of Rs. 10,000 with two sureties, directing the petitioner to appear before the C.J.M. in Aurangabad.
Issues considered
- Whether bail should be granted to the petitioner despite a confessional statement and prior criminal antecedents.
- Whether the post‑mortem findings contradict the prosecution's case sufficiently to merit bail.
Legislation cited
- B.N.S. — s. 103(1), 137(2), 140(1), 238, 3(5)
Subjects
- bail
- confessional statement
- post‑mortem report
- criminal antecedent
- B.N.S.
- Sections 137, 140, 238, 103
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10737 of 2026
Arising Out of PS. Case No.-367 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Iltaf Hussain @ Bablu Mian, S/o Late Jamil Hussain, R/o Village- Ganj
Mohalla, P.S- Aurangabad, Dist- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Muffasil P.S. Case No. 367 of 2025 registered for the
offence punishable under Sections 137(2) and 3(5) of B.N.S. but
the case was found true under Sections 140(1), 238 and 103(1)
of B.N.S.
3. The case of the prosecution, in short, is that the
husband of the informant was killed and the informant suspects
that Pappu Yadav, Amit Yadav and others have killed the
deceased.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.10737 of 2026(3) dt.07-04-2026
2/3
case. His name is not there in the F.I.R. It has further been
submitted that the police has collected the call details of the
mobile of the deceased in which there were two numbers, one
was of this petitioner and other was of one Umesh. During
course of investigation, this petitioner has also given his
confessional statement and from confessional statement, it is
clear that he along with co-accused Umesh has killed the
deceased by pressing his neck and after that the body was
thrown in a ditch. It has further been submitted that from perusal
of the postmortem report it is clear that the doctor conducting
the autopsy of the deceased, has not found any ante-mortem
injury on the person of the deceased and the cause of death is
asphyxia due to ante-mortem drowning. It has further been
submitted that save and except the confessional statement of the
petitioner, there is nothing against him. The petitioner and the
deceased both are drivers. Petitioner is languishing in judicial
custody since 01.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petititoner is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.10737 of 2026(3) dt.07-04-2026
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inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Aurangabad in connection with Muffasil P.S. Case No. 367 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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