Patna High Court
Naushad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail, finding that the post‑mortem report and lack of external injuries raised reasonable doubt about the murder allegation.
Summary
Naushad Alam was arrested in a murder case (Sections 80 and 85 of the B.N.S.) alleging he killed his wife for not conceiving. The petitioner claimed innocence, asserting the post‑mortem showed no external injuries and suggested the death was a suicide. The State and an informant opposed bail, alleging dowry‑related murder by the petitioner and his in‑laws. The court examined the medical report and noted the absence of external injuries and the family's cooperation in handling the body. Concluding that the evidence did not conclusively support a murder charge, the court granted regular bail on condition of cooperation with the trial.
Issues considered
- Whether bail should be granted to the accused in a murder case where the post‑mortem indicates no external injuries.
- Whether the circumstances of the death point to suicide rather than homicide.
- Whether the accused poses a risk of tampering with evidence or evading trial.
Legislation cited
- B.N.S. — s. 80, 85
Subjects
- bail
- murder
- suicide
- post‑mortem report
- dowry death
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3062 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Naushad Alam S/O Abdul Gani R/O Village - Mohammadpur, P.S-
Mohammadpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Thakur, Advocate
For the Opposite Party/s : Mr.Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with
Mohammadpur P.S. Case No. 160/2025 registered for the
offences punishable under Sections 80, 85 of the B.N.S.
3. As per the prosecution case, petitioner is the
husband of the deceased and he is alleged to have killed the
deceased as she was not able to conceive their child.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that from the post-mortem
report, it appears that the deceased has committed suicide and
there is no external injury. Learned counsel further submits that
Patna High Court CR. MISC. No.3062 of 2026(4) dt.23-04-2026
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petitioner has clean antecedent and he is in custody since
09.09.2025. The petitioner undertakes to co-operate in the case/
trial.
5. Learned APP for the State as well as learned
counsel for the informant have jointly opposed the prayer for
regular bail of the petitioner. Learned counsel for the informant
submits that because of demand of dowry, the deceased was
killed by her in-laws including the petitioner and the dead body
was recovered after 36 hours.
6. I have considered the submission advanced on
behalf of the parties and there is no external injury on the body
of the deceased as per the post-mortem report, which shows that
the deceased may have committed suicide and it is also apparent
that the family of the deceased were informed by the petitioner’s
family and the body was not cremated behind the back of the
family of the deceased, hence, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate,
Gopalganj /concerned Court below in connection with
Patna High Court CR. MISC. No.3062 of 2026(4) dt.23-04-2026
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Mohammadpur P.S. Case No. 160/2025.
8. This is also subject to the condition that the
petitioner after being released on bail is directed to co-operate in
the trial either by appearing personally or through his lawyer in
the Trial Court on each and every date fixed by the trial Court.
Non-compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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