Patna High Court
Sheikh AliyasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to bail pending trial, subject to a bond and sureties, under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Sheikh Aliyas, a 69‑year‑old senior citizen with a clean record, was implicated in a murder case under Sections 302 and 34 of the IPC based on an informant’s allegation that he ordered a relative to strangle the informant’s mother‑in‑law. The petitioner contended that the informant was not an eye‑witness, the post‑mortem report did not corroborate the alleged strangulation, and that he had previously been granted anticipatory bail in a related matter (Cr. Misc. No.42444 of 2023). The State opposed the bail application. After considering the earlier bail order and the lack of substantive evidence, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The application for bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under Sections 302 and 34 IPC.
- Whether the evidence, including the informant’s testimony and post‑mortem report, sufficiently links the petitioner to the alleged murder.
- Whether the prior order granting anticipatory bail in Cr. Misc. No.42444 of 2023 influences the present bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- false implication
- senior citizen
- post‑mortem report
- Section 302 IPC
- Section 34 IPC
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1331 of 2026
Arising Out of PS. Case No.-76 Year-2023 Thana- DHAKA District- East Champaran
======================================================
Sheikh Aliyas Son of Sheikh Molani @ Sheikh Molavi Resident of village -
Saratha, P.S.- Dhaka, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
Mr.Hament Ray
For the Opposite Party/s : Mr.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 302 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a senior
citizen aged about 69 years and the informant alleges that on
account of an altercation in between the children, her mother in-
law Sushila Khatoon went to the house of Sheikh Rajoo where it
is alleged that five named accused persons including the
petitioner were present and on orders of petitioner, Sheikh Rajoo
dashed her on the ground and pressed the neck of her mother in-
Patna High Court CR. MISC. No.1331 of 2026(2) dt.27-04-2026
2/3
law with his leg on account of which she became unconscious
and thereafter on way to hospital she died.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that informant is not an eye
witness to the occurrence. It is further submitted that petitioner
is a senior citizen aged about 69 years and has remained a
person with clean antecedent and all of a sudden has been made
a criminal with an allegation that on his orders Sheikh Rajoo
strangulated the mother in-law of the informant. It is further
submitted that post mortem report also does not corroborate the
allegations as alleged in the FIR as the doctors after post
mortem have opined that cause of death is not clear hence
viscera has been preserved. It is further submitted that the
doctors on internal examination of neck has recorded no
corroborative injuries found on neck after dissection. It is thus
submitted that if what has been alleged by the informant is true
in that event the post mortem report would have corroborated
the allegations as alleged in the FIR but then that is not the case.
It is also submitted that SK. Rajoo had approached this Court
seeking anticipatory bail by filing Cr. Misc. No.42444 of 2023
and the same came to be allowed by an order dated 01.02.2024
Patna High Court CR. MISC. No.1331 of 2026(2) dt.27-04-2026
3/3
passed by a learned Coordinate Bench.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. After hearing the learned counsel for the parties
and taking into consideration the order dated 01.02.2024 in Cr.
Misc. No.42444 of 2023, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Dhaka P. S. Case
No.76 of 2023, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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