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Patna High Court

Md. DaulatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.23655 of 2026(4) dt.08-07-2026
                                            3/4




          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
              Patna High Court CR. MISC. No.23655 of 2026(4) dt.08-07-2026
                                                          4/4




                        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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