Patna High Court

Md. Rizwan @ Md. RijwanversusThe State of Bihar

Decided: 21 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.

Summary

The petitioner, Md. Rizwan, was arrested in connection with a case registered under Sections 80, 103 and 3(5) of the BNS for the alleged murder of his wife, Ishrat Khatoon. The prosecution alleged that Rizwan, together with his family, killed the deceased. The defence argued that the allegation was vague and that the deceased was found hanging after Rizwan had gone to a cricket match, a fact supported by the son’s statement and the post‑mortem report which indicated death by asphyxia due to hanging. Rizwan has no prior criminal record and has been in judicial custody since 15‑12‑2025. After hearing both sides, the Court found the evidence insufficient to deny bail and ordered that Rizwan be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a murder case under Sections 80, 103 and 3(5) of the BNS given the nature of the evidence and the accused’s antecedents.

Legislation cited

BNS — s. 103, 3(5), 80

Subjects

bail
murder
hanging
postmortem
criminal antecedent
Section 80
Section 103
Section 3(5)
Bihar
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16478 of 2026
                 Arising Out of PS. Case No.-157 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Md. Rizwan @ Md. Rijwan S/o- Late Ibrahim Miyan @ Marhum Ibrahim
                 Miyan Village- Taraspur Malpur, P.S- Dalsingsarai, Dist.- Samastipur
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :      Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Dalsinghsarai P.S. Case No.157 of 2025 registered for the offence

                   punishable under Sections 80, 103 and 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner was married to one Ishrat Khatoon (deceased) in year

                   2013. She is having five children out of the wedlock. It is further

                   alleged that the petitioner along with his family has killed the

                   deceased.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that the nature of allegation is general and omnibus.

                   It has further been submitted that during course of investigation

                   one of the son of the deceased has given his statement before

                   police and from perusal of Paragraph ‘8’ it will transpire that the

                   son of the deceased Md. Faizan has stated that there was some

                   dispute between the deceased and the petitioner and the petitioner
            Patna High Court CR. MISC. No.16478 of 2026(3) dt.21-04-2026
                                                        2/2




                      has gone to see cricket match in another village. When the

                      petitioner returned, the deceased was found hanging in a room.

                      Learned counsel for the petitioner has submitted that the statement

                      of the son of the deceased is further substantiated by the

                      postmortem report. In postmortem report the doctor conducting

                      autopsy of the deceased has only found ligature mark and has

                      opined that cause of death is asphyxia due to hanging. Learned

                      counsel for the petitioner has further submitted that the petitioner

                      is having no criminal antecedent and he is in judicial custody

                      since 15.12.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   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 enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                      the like amount each to the satisfaction of the court of learned

                      Additional Chief Judicial Magistrate-I, Dalsinghsarai, Samastipur

                      in connection with Dalsinghsarai P.S. Case No.157 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-
U      T

Continue reading with your account

Checking your session…