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Patna High Court

Md. TalibversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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