Patna High Court
Malakh Nut @ Malakh NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The petitioner is entitled to bail and the application is allowed.
Summary
The petitioner, Malakh Nut, was arrested in connection with a murder case (Dariyapur Bazar PS Case No.373 of 2024) alleged under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged that, on the petitioner’s instigation, co‑accused assaulted the victim with a sickle, leading to his death. The petitioner contended that he was not present at the scene, faced no direct allegation of assault, and was merely an alleged order‑giver, claiming he was implicated due to village politics and has a clean record. The Additional Public Prosecutor opposed bail, citing the seriousness of the offence. After considering the facts, the court held that the petitioner was eligible for bail and ordered his release upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, alleged only as an order‑giver and not present at the scene, is entitled to bail in a murder case under Sections 302 and 34 IPC.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- IPC 302
- IPC 34
- murder
- common intention
- criminal procedure
- order-giver
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14684 of 2026
Arising Out of PS. Case No.-373 Year-2024 Thana- DARIYAPUR District- Saran
======================================================
Malakh Nut @ Malakh Nat, aged about 32 years (M), son of Late Musafir
Nut, resident of village- Shankardih Near Panchayat, Police Station- Parsa,
District- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Dariyapur Bazar PS Case No.373 of 2024 dated 06.07.2024,
instituted for the offence punishable under Sections 302/34 of
the Indian Penal Code.
3. The prosecution case, in brief, is that on account of
dispute with regard to non-payment of the due amount, on the
instigation of the petitioner, co-accused, Tinku Nut and Raja Nut
assaulted the father of the informant and co-accused Vijay Nut
is said to have assaulted the deceased by means of sickle in his
abdomen due to which he received serious injury and died
during the course of treatment.
Patna High Court CR. MISC. No.14684 of 2026(2) dt.12-03-2026
2/2
4. Learned counsel for the petitioner submits that
there is no allegation of assault against the petitioner. It is
alleged that the petitioner is the order giver. Petitioner was not
present at the place of occurrence when the occurrence took
place but he has implicated due to village politics. Specific
allegation is against Vijay Nut that he assaulted the deceased by
means of sickle in his abdomen. Lastly, it is submitted that the
petitioner is in custody since 08.04.2025 having clean
antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate, Chapra,
Saran, in Dariyapur Bazar PS Case No.373 of 2024.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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