Patna High Court
Wazul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioners Wazul Haque, Mustkima Khatoon and Roshani Khatoon were accused of murdering a deceased relative together with the deceased's husband, and were charged under Sections 80, 61(2), 238 and 3(5) of the B.N.S. They applied for regular bail, asserting their innocence, a clean antecedent and that they had been in custody since 16‑09‑2025. The State opposed the bail application. The court observed that the allegations against them were general and omnibus in nature and therefore allowed the regular bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the concerned Court.
Issues considered
- Whether regular bail should be granted to the petitioners despite the general and omnibus nature of the allegations under Sections 80, 61(2), 238 and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 238, 3(5), 61(2), 80
Subjects
- regular bail
- criminal procedure
- B.N.S.
- Section 80
- Section 61(2)
- Section 238
- Section 3(5)
- general allegation
- innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21773 of 2026
Arising Out of PS. Case No.-102 Year-2024 Thana- PHENHARA District- East Champaran
======================================================
1. Wazul Haque S/O Md. Hadish Miya Village- Kalu Pakar Ward 02, P.S.-
Phenhara, District- East Champaran
2. Mostkima Khatoon @ Mustkima Khatoon W/O Wazul Haque Village- Kalu
Pakar Ward 02, P.S.- Phenhara, District- East Champaran
3. Roshani Khatoon D/O Wazul Haque Village- Kalu Pakar Ward 02, P.S.-
Phenhara, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Prerna Rishi, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek regular bail in the present case
registered for the offences punishable under Sections 80, 61(2),
238 and 3(5) of the B.N.S.
3. As per the prosecution case, petitioners are the in-
laws and sister-in-law of the deceased and they are alleged to
have killed the deceased along with the husband of the
deceased.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.21773 of 2026(2) dt.30-04-2026
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present case. Learned counsel further submits that petitioners
claim clean antecedent and they are in custody since
16.09.2025. The petitioners undertake to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioners.
6. Considering that there is general and omnibus
allegation against the petitioners, this application for regular bail
is allowed.
7. Accordingly, let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Motihari, East Champaran
/concerned Court below in connection with Phenhara P.S. Case
No. 102 of 2024.
(Sandeep Kumar, J)
tusharika/-
U T
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