Patna High Court
Md. Karku @ Karku @ Md. Sahnawaz @ SahnawazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court held that bail may be granted in the present murder case, subject to a monetary bond and strict conditions, as the petitioners’ antecedents are clean and the prosecution has not demonstrated a compelling reason to deny bail.
Summary
The petitioners, Md. Karku and Md. Reyaz, were arrested on 11 September 2025 in connection with a murder case (PS Case No. 264 of 2025) filed under Sections 103(1), 238, 3(5) and 61(2) of the Bihar Narcotic Substances Act, 2023. They applied for bail, asserting that they have a clean antecedent, that the FIR was lodged three days after the alleged incident, and that the informant is not an eyewitness, making the allegations fabricated. The prosecution, represented by the Additional Public Prosecutor and the informant’s counsel, opposed bail, relying on statements of several witnesses, including the deceased’s father, that implicated the petitioners. The Court, after considering the submissions, granted bail on the condition that each petitioner furnish a bond of Rs. 10,000 with two sureties, cooperate with the trial, remain present as directed, and refrain from tampering with evidence or concealing antecedents. The order also empowered the lower court to cancel bail if the conditions are violated.
Issues considered
- What is the appropriate exercise of discretion by the High Court in granting bail to accused persons charged with murder under the Bihar Narcotic Substances Act, 2023?
- Whether the delay in filing the FIR and the alleged lack of eyewitness testimony justify the grant of bail?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- false implication
- Bihar Narcotic Substances Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12136 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Md. Karku @ Karku @ Md. Sahnawaz @ Sahnawaz S/o Illiyas @ Md.
Illiyas R/o Village - Faijpur Barbighi, P.S - Sahebpur Kamal, District -
Begusarai
2. Md. Reyaz S/o Illiyas @ Md. Illiyas R/o Village - Faijpur Barbighi, P.S -
Sahebpur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
For the Informant : Mr. Mritunjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr. Dhirendra Kumar, learned counsel for the
petitioners, Mr. Mritunjay Kumar, learned counsel for the
informant and Mr. Ram Sevak Choudhary, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
11.09.2025 in connection with Sahebpur Kamal P.S. Case No.
264 of 2025, F.I.R. dated 05.09.2025 for the offences punishable
under Sections 103(1), 238, 3(5) and 61(2) of the BNS, 2023.
3. According to prosecution case, these petitioners
along with other accused persons have killed the husband of the
informant.
Patna High Court CR. MISC. No.12136 of 2026(3) dt.30-04-2026
2/4
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
committed any offence as alleged in the F.I.R. From perusal of
the F.I.R it appears that the date of occurrence is 02.09.2025 but
the present F.I.R has been instituted on 05.09.2025 i.e., after
delay of three days afterthought only to falsely implicate the
petitioners in the present occurrence. It appears from the F.I.R
itself that the informant is not the eye witness of the alleged
occurrence and even no one has seen the occurrence. Petitioners
and other accused persons have been made accused in the
present case merely on the basis of suspicion and except the
aforesaid, nothing has come during investigation which suggest
the involvement of the petitioners in the present occurrence. He
further submits that the police after investigation submitted the
charge sheet against the petitioners. The petitioners are in
custody since 11.09.2025.
5. Learned counsel for the informant as well as learned
Additional Public Prosecutor have vehemently opposed the
prayer for bail of the petitioners and submits that number of
witnesses including the father of the deceased have stated before
Patna High Court CR. MISC. No.12136 of 2026(3) dt.30-04-2026
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the police that the petitioners and other accused persons are
involved in the present crime in question.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, 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 the
learned District & Additional Sessions Judge IV Begusarai in
connection with Sahebpur Kamal P.S. Case No. 264 of 2025,
subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
Patna High Court CR. MISC. No.12136 of 2026(3) dt.30-04-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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