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Patna High Court

Md. Khalik @ KhalikversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail must be granted as the petitioners have no substantive evidence against them, possess clean antecedents, and pose no risk of tampering with evidence.

Summary

The petitioners, a group of relatives of a deceased man, were implicated in a murder case under Sections 103(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita after an informant alleged they poisoned the victim and stole his mobile. The informant later filed a petition acknowledging a possible mistake in the allegations. The petitioners argued that there is no eyewitness, the post‑mortem report is inconclusive, and they have clean antecedents with no risk of absconding or tampering with evidence. The State opposed the bail but did not present substantive material linking the petitioners to the crime. The Court, after considering the lack of concrete evidence, the petitioners’ clean record, and the conditions of Section 482(2), ordered that bail be granted upon surrender within six weeks, subject to a bond and sureties. The order effectively releases the petitioners pending further investigation and trial.

Issues considered

  • Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the pending murder investigation
  • Whether the material on record establishes a prima facie case sufficient to deny bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 103
  • Section 3
  • Section 482
  • presumption of innocence
  • clean antecedent
  • forensic evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.20199 of 2026
                       Arising Out of PS. Case No.-148 Year-2025 Thana- SIMRAHA District- Araria
                 ======================================================
           1.     Md. Khalik @ Khalik, S/o Late Mustak R/o Village - Pothiya, Ward No. 05,
                  P.S- Simraha, District - Araria
           2.    Manzoor @ Manzoor Alam, S/o Late Amruddin @ Jahir, R/o Village -
                 Pothiya, Ward No. 05, P.S- Simraha, District - Araria
           3.    Mariyam Khatoon @ Shabroon Khatoon, W/o Manzoor @ Manzoor Alam,
                 R/o Village - Pothiya, Ward No. 05, P.S- Simraha, District - Araria
           4.    Md. Daud @ Daud Alam, S/o Manzoor @ Manzoor Alam, R/o Village -
                 Pothiya, Ward No. 05, P.S- Simraha, District - Araria
           5.    Md. Nazir @ Nazir, S/o Fajir @ Amruddin, R/o Village - Pothiya, Ward No.
                 05, P.S- Simraha, District - Araria
           6.    Dukhan Mian @ Dukhan, S/o Late Fazir, R/o Village - Pothiya, Ward No.
                 05, P.S- Simraha, District - Araria
           7.    Md. Ajim, S/o Jahir, R/o Village - Kamalpur Hansa, Ward No.13, Pachira,
                 P.S - Raniganj, District - Araria
           8.    Sajmera Khatoon, W/o Rustam @ Md. Rustam R/o Village - Belahi, Pan-
                 chayat - Bhadreshwar,, Ward No. 01, Bathnaha, P.S - Bathnaha, District -
                 Araria
           9.    Rustam @ Md. Rustam S/o Md. Nunu, R/o Village - Belahi, Panchayat -
                 Bhadreshwar,, Ward No. 01, Bathnaha, P.S - Bathnaha, District - Araria
           10. Sako Khatoon @ Sakima Khatoon, W/o Majebar @ Majebur Mian, R/o Vil-
               lage - Raghunathpur, Ward No.11, P.S - Bhargama, District - Araria
           11. Majebar @ Majebur Mian, S/o Najir Mian, R/o Village - Raghunathpur,
               Ward No.11, P.S - Bhargama, District - Araria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :       Md. Nurul Hoda, Advocate
                 For the Opposite Party/s        :       Mr. Aditya Narayan Singh.1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   08-07-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                             2. The petitioners apprehend their arrest in a case regis-
Patna High Court CR. MISC. No.20199 of 2026(4) dt.08-07-2026
                                            2/3




          tered under Sections 103 (2), 3 (5) of the B.N.S.

                    3. As per prosecution case, on the alleged date of occur-

          rence, the informant found the dead body of his brother near the

          graveyard of the forest. It is further alleged by the informant that

          the accused persons have enmity with the deceased brother of

          the informant and they have poisoned him and took the mobile

          of the deceased.

                   4. Learned counsel for the petitioners submits that peti-

          tioners are innocent and have falsely been implicated in this

          case. Except suspicion, there is nothing material against the pe-

          titioners. Petitioner no. 2 is Mausa of the wife of the deceased,

          petitioner no. 7 is the own maternal uncle of the deceased, peti-

          tioner no. 10 is the Mausi of the deceased and petitioner no. 11

          is Mausa of the deceased. Learned counsel for the petitioners

          further submits that there is no eye-witness to the alleged occur-

          rence. In the postmortem report also, no specific reason has

          been found for the death of the deceased, however, the viscera

          has been sent to Forensic Lab. He next submits that the de-

          ceased was habitual drunkard and he may have died due to ha-

          bitual drinking addiction. Realizing the mistake for making alle-

          gation against the petitioners, the informant in this regard filed a

          petition before the Court concerned. Learned counsel for the pe-
            Patna High Court CR. MISC. No.20199 of 2026(4) dt.08-07-2026
                                                        3/3




                      titioners further submits that petitioners have no criminal an-

                      tecedent and there is no chance of absconding or tampering with

                      the evidence. The petitioners undertake to cooperate in the in-

                      vestigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      submits that appropriate order may be passed in view of the

                      facts and circumstances of the case.

                                      6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation and clean antecedent of the petitioners, let the

                      above named petitioners be released on bail, in the event of ar-

                      rest or surrender before the learned Court below within a period

                      of six weeks from today, on furnishing bail bonds of Rs.10,000/-

                      (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of learned concerned Court,

                      Araria in connection with Simraha P.S. Case No. 148 of 2025

                      subject to the conditions as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
Koustav/-

U      T


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