Patna High Court
Md. TalibversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond, sureties, and specific conditions.
Summary
The petitioner, Md. Talib, was arrested in connection with a violent incident in which the brother of an informant was killed after a knife assault. The FIR contains general and omnibus allegations against the petitioner and co‑accused, while a confessional statement of a co‑accused indicates that another accused, Md. Hasim, was the actual assailant. The petitioner argued that he had been residing in Mumbai for 15 years, had no prior criminal record, and that the trial was unlikely to conclude soon, having only examined one of twelve charge‑sheet witnesses. The State opposed bail, citing the seriousness of the offences listed under the Bharatiya Nyaya Sanhita, 2023. The Court, considering the lack of specific evidence linking the petitioner to the murder and the delay in trial, ordered that bail be granted on a bond of Rs.10,000 with two sureties and several conditions. The bail order includes requirements for a blood‑relative surety, non‑indulgence in similar offences, and mandatory physical presence in court during the trial.
Issues considered
- What is the appropriateness of granting bail to an accused facing multiple serious offences under the Bharatiya Nyaya Sanhita, 2023?
- Whether the presence of general and omnibus allegations in the FIR precludes bail?
- Whether the delay in trial and lack of specific evidence against the petitioner justify bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- serious offences
- murder
- knife assault
- Bharatiya Nyaya Sanhita
- FIR
- omnibus allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1798 of 2026
Arising Out of PS. Case No.-120 Year-2025 Thana- HABIBPUR District- Bhagalpur
======================================================
Md. Talib Son of Md. Jabrayal @ Jabbo @ Md. Jubrayeel @ Jubbo Resident
of Village- Badre Alampur, P.S.- Habibpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Najmul Hodda, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 118(1),
103(1), 109, 352, 351(2) (3) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. While the informant was regressing to his home
after watching fair at Shahjangi, the petitioner in association of
other co-accused is said to have assaulted him and his brother
which eventually led to the death of his brother.
4. It is submitted by learned counsel for the
petitioner that it would be evident from the F.I.R. that there are
general and omnibus allegations against the petitioner and
others of having assaulted the deceased causing injury to him
Patna High Court CR. MISC. No.1798 of 2026(3) dt.25-02-2026
2/3
which eventually led to his death. However, the confessional
statement of co-accused, Hasim recorded during the course of
investigation in para-5 of the case diary would clearly indicate
that it was Md. Hasim who snatched the knife from the hand of
the informant. It further indicates that Md. Saddam had taken
knife from the hand of the informant for the purposes of
assaulting Md. Hasim and he snatched the same from the hands
of the deceased and gave 2-3 knife blows in his stomach which
led to his death. So far as the petitioner is concerned, it has been
submitted that he used to stay at Mumbai for the last 15 years
and had only come to the native village on the event of
Muharam and false allegations were attributed to him. The
petitioner has been languishing in custody since 09.07.2025,
with no criminal antecedent and after framing of charge one out
of 12 chargesheet witnesses have been examined on 13.02.2026,
as such there is no likelihood that the trial would be concluded
in near future.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
are general and omnibus allegations in the F.I.R and he is not
Patna High Court CR. MISC. No.1798 of 2026(3) dt.25-02-2026
3/3
said to be assailant of the occurrence, coupled with the fact there
is no likelihood that the trial may be concluded in near future,
the above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Habibpur P.S. Case No.120 of 2025,
subject to the conditions that :
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister and/or his wife.
(ii) The petitioner shall not indulge himself in any
similar offence till conclusion of the trial.
(iii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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