Patna High Court
Md. DaulatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions imposed under the relevant statutes.
Summary
The petitioners, Md. Daulat and Md. Adil, sought anticipatory bail in connection with FIR No. 415 of 2025 alleging offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the son of the informant was murdered after going to purchase a motorcycle from accused No.1. The petitioners argued that the original complaint was filed with an unreasonable delay, they were not named as accused in the early complaint or first FIR, and were only implicated later. They further contended that the medical examination of the deceased showed no antemortem injuries, rendering the injury allegations uncorroborated. The State opposed the bail, but the Court noted the lack of medical corroboration and the procedural irregularities, and therefore granted anticipatory bail subject to strict conditions. The bail order required a bond of Rs.10,000 with two sureties and imposed conditions under Sections 438(2) of the CrPC and 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the alleged injuries are not medically corroborated.
- Whether the delay in filing the original complaint affects the grant of bail.
- Whether the provisions of Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita permit bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- delay in complaint
- medical evidence
- corroboration
- Section 103
- Section 3
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23655 of 2026
Arising Out of PS. Case No.-415 Year-2025 Thana- AAJAM NAGAR District- Katihar
======================================================
1. Md. Daulat S/o Md. Ayub @ Ayub Resident of Village- Siktia Bairia, P.S.-
Azamnagar, District-Katihar
2. Md. Adil S/o Late Jahane Alam Resident of Village- Siktia Bairia, P.S.-
Azamnagar, District-Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 08-07-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Azamnagar P.S. Case No. 415 of 2025, F.I.R
dated 02.11.2025 registered for the offences punishable under
Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, the son of the
informant had gone to buy motorcycle from accused no. 1 but
he did not return home and later on, informant come to know
that his son have been murdered,
4. Learned counsel for the petitioners submits that
initially a complaint case is said to have been registered on
Patna High Court CR. MISC. No.23655 of 2026(4) dt.08-07-2026
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15.10.2025 for an allegation for an incident which is said to
have been taken place on 10.09.2025 and there is no explanation
to such delay recorded by the complainant in registering the first
information report and in the said complaint, even these
petitioners were not made accused. Subsequently, another FIR
which is said to have been registered on 05.10.2025 in the said
FIR, these petitioners have not been made accused while this
complaint case and first information report was pending,
pursuant to the order passed by the Chief Judicial Magistrate,
Katihar on 02.11.2025, a formal first information report is said
to have been registered by Azamnagar police station bearing
Case No. 415 of 2025 in which the petitioners are seeking
anticipatory-bail. It has further been submitted that when this
formal case was registered at Azamnagar PS Katihar, the formal
statement of the complainant was recorded, in which for the first
time these two petitioners have been implicated by making
specific allegation of injury being caused with hard-blunt
substances and sharp weapon while the allegation of injuries
having been caused upon the deceased was examined at J.L.N.
Medical College, Bhagalpur (Bihar) by making examination of
the dead body which was brought to the JLN Medical College in
a sealed wooden box, containing the exhibits of the deceased
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and after preliminary examination the exhibits were subjected to
repeated processings and drying for final examination and the
allegations of injuries which have been made by the informant-
cum-complainant is not corroborated, as is evident from the
report which is appended with the case diary as Annexure 9 at
page No. 41 in the column of injuries goes to show, read as:-
“No antemortem cut or fracture was present over available
exhibits”
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and taking into account that the nature of the injuries as is
alleged apparently not being collaborated with medical
examination conducted by the treating doctor over exhibits.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within a period
of thirty days from the date of receipt of the order, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Katihar in connection
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with Azamnagar P.S. Case No. 415 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the
family member/relative/known of the
petitioner(s) who shall provide official
document/personal affidavit to show his/her
bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of their bail
bonds.
(Ajit Kumar, J)
rajan/-
U T
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