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Patna High Court

Md. Azad @ Azad HussainversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                         2/2




                       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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