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Patna High Court

Iltaf Hussain @ Bablu MianversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                         3/3




                       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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