Patna High Court
Md. Khalik @ KhalikversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 103(2), 3(5), 482(2)
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/-
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