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Patna High Court

Munajir AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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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