Patna High Court
Munajir AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Munajir Alam, sought regular bail in a case registered under sections 123, 85, 80, 61(2) and 3(5) of the Bihar Negotiable Substances Act, alleging he was accused of murdering his wife, Sonam Khatoon, by administering poison. The prosecution alleged dowry‑related cruelty leading to her death by poison, while the petitioner contended the allegations were vague, the post‑mortem showed no external injuries, and the toxicology report indicated the presence of aluminium phosphide (Celphos), which he argued could not be forcefully administered. He also highlighted his lack of criminal antecedents and that he had been in custody since June 2025. The State and the informant opposed bail. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the dowry‑death allegations under sections 123, 85, 80, 61(2) and 3(5) of the BNS Act.
Subjects
- dowry death
- regular bail
- Bihar Negotiable Substances Act
- poison
- aluminium phosphide
- post‑mortem report
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15827 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
Munajir Alam S/o Sagul Alam @ Sagur @ Md Sagul Resident of village-
Siktiya, Ward no. 04, Police Station- Azamnagar, Katihar (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravish, Advocate
Mr. Amit Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
For the Informant : Mr. Md. Manzer Karim, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 123, 85, 80,
61(2) and 3(5) of BNS.
3. The case of the prosecution is that sister of the
informant, namely, Sonam Khatoon (deceased) was married to
this petitioner. It is further alleged that she was subjected to
cruelty on account dowry demand and was killed by
administering poison.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
Patna High Court CR. MISC. No.15827 of 2026(2) dt.11-03-2026
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FIR it is clear that the nature of allegation is general and
omnibus and in FIR itself, it is clear that the deceased was being
rushed to Sadar Hospital, Katihar for treatment and she died in
the way and after that she was brought back in ambulance. He
has further submitted that this shows the bona fide of the
petitioner and his family members. From perusal of the
postmortem report, it will transpire that the doctor conducting
autopsy of the deceased has not found any external injury over
body of the deceased. The viscera was preserved and from FSL
report, it is clear that Aluminium Phosphide which is
commercially known as ‘CELPHOS’ was found in the viscera of
the deceased. He has further submitted that there is allegation
that she was administered poison forcefully. Had the
administration of poison been forceful, there must have been
some resistance which would have been there in the postmortem
report. Celphos is very pungent in smell and it cannot be
administered forcefully. Moreover, the petitioner is languishing
in judicial custody since 03.06.2025 having no criminal
antecedent.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail.
Patna High Court CR. MISC. No.15827 of 2026(2) dt.11-03-2026
3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Azamnagar P.S. Case No. 173 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-I, Katihar.
(Ashok Kumar Pandey, J)
shubham/-
U T
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