Patna High Court
Abdul Sakur @ Abdus SakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court declined to grant regular bail to the petitioner at this stage of the proceedings.
Summary
Abdul Sakur was charged with murder of his wife under Sections 103(1) and 3(5) of the BNS. He applied for regular bail, arguing that the allegations were vague and that two trial witnesses had turned hostile. The State opposed bail, presenting a post‑mortem report showing four lacerated wounds causing death by hemorrhage and shock, and noting that the petitioner is the husband of the deceased. The trial court had examined six of twelve witnesses and expected to conclude the trial within six months. The Patna High Court, after hearing both sides, refused bail at this stage, directing the petitioner to renew his application after six months if the trial remains pending and ordering the trial court to expedite proceedings.
Issues considered
- Whether regular bail should be granted to an accused of murder under Sections 103(1) and 3(5) of the BNS given the seriousness of the offence and the stage of trial.
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- murder
- post‑mortem
- hostile witnesses
- trial acceleration
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12543 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- GARVANDANGA District- Kishanganj
======================================================
Abdul Sakur @ Abdus Sakur Son of Md. Safiq R/o Village - Baithbari, Ward
no. 08, P.S.- Garbandanga, Dist. - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered in connection with Garbandanga P.S. Case No. 15 of
2025 for the offence punishable under Sections 103(1) & 3(5) of
the BNS.
3. The case of the prosecution, in short, is that the
daughter of the informant was married with the petitioner 20
years ago. It is further alleged that the petitioner used to assault
the daughter of the informant and in this regard several times
Panchayati was held. On 27.02.2025 the petitioner came to his
house and announced that he will kill the deceased. On the next
date, the informant got information that petitioner along with his
family members has committed murder of his daughter.
Patna High Court CR. MISC. No.12543 of 2026(3) dt.09-04-2026
2/3
4. Learned counsel for the petitioner submits that the
nature of allegation is general and omnibus. It has further been
submitted that during course of trial, two witnesses have been
examined and they have turned hostile.
5. Countering this, learned APP appearing for the
State has opposed the prayer of regular bail and has submitted
that from perusal of the post-mortem report it is clear that
deceased has received four lacerated wounds and the Doctor
conducting autopsy of the deceased has opined that in our
opinion the cause of death is due to hemorrhage and shock as a
result of above mentioned injuries.
6. From the post-mortem report it is clear that the
deceased was assaulted brutally due to which she has died.
Since the petitioner is the husband of the deceased, main thrust
of allegation is against him. A report was called for from the
learned trial court regarding stage of trial and learned trial court
has recorded that out of 12 witnesses altogether 6 witnesses
have been examined and that the trial is likely to be concluded
within six months.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, I am not
inclined to grant bail to the petitioner at this stage, however, the
Patna High Court CR. MISC. No.12543 of 2026(3) dt.09-04-2026
3/3
petitioner may renew his prayer for bail after six months, if the
trial is not concluded. Learned trial court is directed to expedite
the trial.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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