Patna High Court
Sohel @ Md. Sohel AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that regular bail should be granted as the petitioner was implicated only on suspicion and no direct evidence linked him to the crime.
Summary
Sohel Alam was arrested in connection with a murder case (Fatehpur PS Case No. 07 of 2025) under Sections 103(1), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution’s case is based on the testimony of an informant who discovered the dead body of his brother and alleged that the petitioner was involved, but the informant was not an eye‑witness to the killing. The petitioner argued that no witness had actually seen him commit the offence and that he was implicated only on suspicion, noting that a co‑accused had already been granted bail. The State and the informant opposed the bail application, contending the seriousness of the charges. Considering the lack of direct evidence and the length of the petitioner’s pre‑trial custody, the Court allowed regular bail on a bond of Rs. 10,000 with two sureties, directing his release.
Issues considered
- What is the appropriate bail disposition when the accusation rests solely on suspicion and there is no eyewitness testimony?
- Does the nature of the offences under the Bharatiya Nyaya Sanhita preclude the grant of regular bail?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 238, 3(5), 61(2)
Subjects
- regular bail
- suspicion
- criminal procedure
- Bharatiya Nyaya Sanhita
- evidence
- informant testimony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2634 of 2026
Arising Out of PS. Case No.-7 Year-2025 Thana- FATEHPUR District- Kishanganj
======================================================
Sohel @ Md. Sohel Alam S/O Islamuddin Resident of Bairiya, P.S.- Fatehpur,
District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
For the Informant : Mr. Nilendu Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner, informant
and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Fatehpur P. S. Case No. 07 of 2025 registered for the offences
punishable under Sections 103(1), 238, 61(2), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per prosecution case, informant Noman Alam
stated that he and his brother Mujammil Hussain were residing
at Ahemdabad. Since last one year, his brother was doing
agriculture work at village Bairiya on his ancestral land. His
brother was killed on 27-02-2025 and his dead body was kept in
his house secretly. His uncle informed him in this regard.
Informant came at his house and saw the dead body. There was
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black mark on neck of the dead body and injury marks on other
parts of the body. On the pressure of people of locality, the
informant did not inform the police with regard to the
occurrence and postmortem of dead body was also not done.
The informant raised suspicion against the petitioner, and other
co-accused persons for the aforesaid offence.
4. Learned counsel appearing for the petitioner
submits that informant is not an eye witness to the occurrence.
Petitioner has been made accused in this case only on suspicion.
During investigation, none of the witnesses claimed to have
seen this petitioner to commit offence. Similarly situated co-
accused, namely, Arshadi has already been granted regular bail
by this Court vide order dated 03.12.2025 passed in Cr. Misc.
No. 59672 of 2025. Petitioner is in custody since 17.4.2025.
5. However, learned A.P.P. for the State as well as
learned counsel for the informant vehemently opposed the bail
application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to 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 Sessions Judge,
Patna High Court CR. MISC. No.2634 of 2026(2) dt.13-02-2026
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Kishanganj in connection with Fatehpur P. S. Case No. 07 of
2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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