Patna High Court
Md. Azad @ Azad HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied.
Summary
The petitioner, Md Azad, was named in an FIR alleging murder and burial of a body under Sections 80, 102, 62 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for anticipatory bail, claiming innocence, that he is the husband of the deceased, and that he has a clean antecedent. The State opposed the bail application, arguing the seriousness of the offences. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, stating the circumstances did not warrant it. However, the Court permitted the petitioner to surrender to the trial court within four weeks, directing that the trial court decide any bail application on its merits on the day of surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences
- Whether the petitioner’s clean antecedent and claim of innocence justify bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 102, 3(5), 62, 80
Subjects
- anticipatory bail
- murder
- Bharatiya Nyaya Sanhita
- bail denial
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15727 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- MASHRAK District- Saran
======================================================
Md. Azad @ Azad Hussain S/O Md. Hadish R/o- Village- Katalpur,
Hanumanganj, P.S.-Mashrak, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Mashrak P.S. Case No. 110 of 2025 lodged on 15.03.2025,
for the offence punishable under Sections 80, 102, 62 & 3(5) of
the Bharatiya Nyaya Sanhita, 2023, pending in the Court of
A.C.J.M. 7th, Saran at Chapra.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner. It
has been alleged by the informant that the accused persons have
killed her daughter and also buried the body of the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the petitioner is the husband of the deceased and
Patna High Court CR. MISC. No.15727 of 2026(2) dt.25-03-2026
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there is general and omnibus allegation against the petitioner.
Counsel further submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioner. Accordingly, the
prayer for anticipatory bail of the petitioner stands rejected.
7. Liberty is hereby granted to the petitioner that if he
surrenders before the concerned Trial Court within a period of 4
weeks from today then in that case, the Trial Court is directed to
pass order on his surrender-cum-bail application on the same
day, without being prejudice that the anticipatory bail of the
petitioner has been rejected by this Court and the Trial Court
shall pass order on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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