Patna High Court
Md. AfrozversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md. Afroz, was arrested in connection with a murder case (PS Sangrampur Case No. 135 of 2025) alleging that he threatened the son of an informant, who was later found dead, allegedly by hanging near the Tauri River. The prosecution relied on the informant’s statements and the circumstances of the death, while the defence argued that the petitioner was falsely implicated, highlighted a delay in filing the FIR, and pointed to the post‑mortem report indicating death by hanging with no clear evidence of the petitioner’s involvement. The petitioner also emphasized his clean criminal record and that a co‑accused had been granted bail in a similar case. The court examined the nature of the offences under Sections 103, 61(2) and 3(5) of the B.N.S., 2023 and considered the bail criteria, including the presumption of innocence and lack of substantive evidence. Concluding that the case was based largely on suspicion and that the petitioner was entitled to liberty pending trial, the court ordered his release on bail upon furnishing a bond and sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 103, 61(2) and 3(5) of the B.N.S., 2023.
- Whether the delay in filing the FIR and lack of direct evidence justify denial of bail.
- Whether the nature of the alleged offences renders the offence bailable.
Legislation cited
- B.N.S., 2023 — s. 103, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- presumption of innocence
- delay in FIR
- threat
- homicide
- Section 103 B.N.S. 2023
- Section 61(2) B.N.S. 2023
- Section 3(5) B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19552 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- SANGRAMPUR District- Munger
======================================================
Md. Afroz S/o- Md. Naushad R/v- Koraji Ps- Sangrampur Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sangrampur P.S. Case No. 135 of 2025 registered for the
offence punishable under Sections 103, 61(2) and 3(5) of the
B.N.S., 2023.
3. The case of the prosecution, in short, is that the
petitioner has threatened the son of the informant with dire
consequences. It is alleged that the deceased was at his shop on
11.08.2025 and from there he proceeded for home. When he
was called, he disclosed that he would arrive within 10-20
minutes. He was called further on at 11 PM, at that time, his
mobile was switched off. On 12.08.2025 also, the deceased
could not be contacted and on 13.08.2025, the informant
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received information that a body was lying near the banks of the
Tauri River. When the informant reached there, he found his
son’s dead body (deceased).
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that only allegation against the petitioner
is that the petitioner has threatened the son of the informant to
remove him within three days and that within three days he has
removed him. He also submits that the informant was not in
touch with his son after 11.08.2025 and the dead body was
received on 13.08.2025, whereas the case has been filed on
15.08.2025. There is a delay in filing the FIR and the delay has
not been explained. He further submits that from perusal of the
post-mortem report, it will transpire that the board of doctors
conducting the autopsy of the deceased have found only one
ante-mortem injury, i.e., a ligature mark of size one inch in
width all over the neck above the thyroid cartilage, with no
other mark present and the cause of death is asphyxia caused by
hanging. He further submits that though the cause of death
according to the post-mortem report is hanging, the body of the
deceased was found near the banks of the Tauri River. It is not
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clear as to where the deceased was hanged. From perusal of the
case diary, it is clear that the informant is not an eyewitness and
this case is based only on suspicion. He further submits that
similarly situated other co-accused, namely Md. Naushad, has
been granted bail by the learned coordinate bench of this court
vide Cr. Misc. No. 408 of 2026. Moreover, a statement has been
made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
22.08.2025.
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 learned
Additional Chief Judicial Magistrate-IV, Munger in connection
with Sangrampur P.S. Case No. 135 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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