Patna High Court
Sheikh Chand @ Chand Mahmmad @ Shekh Chand MahmmadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, subject to a bond and specified conditions.
Summary
The petitioners, Sheikh Chand and relatives, were arrested on 11 January 2026 in connection with a murder case (PS Case No. 590 of 2025) alleged to involve dowry demands. They sought bail, arguing they have no prior criminal record and that the FIR contains only a generic allegation against all accused, with no specific charge against them. The prosecution opposed bail, asserting the seriousness of the offence under Sections 80 and 3(5) of the BNS, 2023. The court examined the lack of specific allegations and the petitioners' clean antecedent, and consequently ordered their release on bail with a bond of Rs.10,000 each and several conditions, including cooperation with the trial and non‑tampering with evidence. The bail order was conditioned on verification of criminal antecedents and allowed for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioners accused of murder under Sections 80 and 3(5) of the BNS, 2023 despite the seriousness of the offence.
- Whether the absence of specific allegations against the petitioners in the FIR warrants bail.
Legislation cited
- BNS, 2023 — s. 3(5), 80
Subjects
- bail
- murder
- dowry death
- criminal procedure
- clean antecedent
- conditions of bail
- BNS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26267 of 2026
Arising Out of PS. Case No.-590 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
1. Sheikh Chand @ Chand Mahmmad @ Shekh Chand Mahmmad S/o Late
Seikh Kabul Hasan Resident of Village - Lalu Nagar, Baldari, Ward no 36,
P.S. - Bettiah Muffasil, District - West Champaran, Bihar.
2. Sabrun Nesha @ Subrun Nesha W/o Sheikh Chand @ Chand
Mohammad@Shekh Chand Mahmmad Resident of Village - Lalu Nagar,
Baldari, Ward no 36, P.S. - Bettisah Muffasil, District - West Champaran,
Bihar.
3. Ashad Alam @ Mahmmad Arsad S/o Sheikh Chand @ Chand Mahmmad
@Sekh Chand Mahmmad Resident of Village - Lalu Nagar, Baldari, Ward
no 36, P.S. - Bettisah Muffasil, District - West Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Mayank Mohan, learned counsel for the
petitioners and Ms. Madhuri Lata, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
11.01.2026 in connection with Bettiah Mufassil P.S. Case No.
590 of 2025, F.I.R. dated 13.12.2025 for the offences punishable
under Sections 80 and 3(5) of the BNS, 2023.
3. According to prosecution case, petitioners along
with other accused persons have committed murder of the
informant's daughter due to non-fulfillment of demand of
Patna High Court CR. MISC. No.26267 of 2026(2) dt.20-04-2026
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dowry.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. From perusal of the F.I.R it
appears that there is no specific allegation of assault or demand
of dowry attributed against these petitioners rather there is
general and omnibus allegation against all the accused persons
including these petitioners. Petitioner no. 1 is father-in-law,
petitioner no. 2 is mother-in-law and petitioner no. 3 is the
brother-in-law of the deceased and they have no concern at all
from the family affairs of the deceased. In fact, they are living
separately from the deceased and the deceased has committed
suicide herself. He further submits that the police after
investigation submitted the charge sheet against the petitioners.
The petitioners are in custody since 11.01.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and there is no
specific allegation against them, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.26267 of 2026(2) dt.20-04-2026
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amount each to the satisfaction of the learned CJM, Bettiah,
West Champaran in connection with Bettiah Mufassil P.S. Case
No. 590 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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