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Patna High Court

Naushad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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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