Patna High Court
Nazim @ Mohd NazimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, six male relatives of a deceased woman, sought anticipatory bail fearing arrest in a case registered under Sections 498A, 341, 323, 363, 365 of the Indian Penal Code, later amended to include Sections 302 and 201. The prosecution alleged that the informant’s daughter, married to a co‑accused, was abused, tortured and eventually killed by the accused, including the petitioners, and her body was disposed of. The petitioners contended they were innocent, unrelated to the family’s property disputes, and victims of over‑implication, emphasizing their clean antecedents and that the husband of the deceased had already been granted regular bail. The State opposed the bail application. The Court, noting the nature of the accusations and the existing bail to the husband, granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite serious allegations under multiple IPC sections.
- Whether the prior grant of regular bail to the husband of the deceased influences the decision on anticipatory bail for the petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 201, 302, 323, 341, 363, 365, 498, A
Subjects
- anticipatory bail
- Indian Penal Code
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
- over‑implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43937 of 2026
Arising Out of PS. Case No.-28 Year-2020 Thana- BANMANKHI District- Purnia
======================================================
1. Nazim @ Mohd Nazim son of Late Md. Tasruddin Resident of village-
Dharhara, Ansari Tola, Ps- Banmankhi, Dist- Purnea
2. Nazir @ Md Nazir Hussain Son of Md Najim Resident of village- Dharhara,
Ansari Tola, Ps- Banmankhi, Dist- Purnea
3. Nausad Son of Shamshuddin Resident of village- Dharhara, Ansari Tola, Ps-
Banmankhi, Dist- Purnea
4. Kadir @ Md Kadir Alam Son of Late Soaib alam Resident of village-
Dharhara, Ansari Tola, Ps- Banmankhi, Dist- Purnea
5. Amrul @ Amrul Alam @ Amrup son of Late Soaib Alam Resident of
village- Dharhara, Ansari Tola, Ps- Banmankhi, Dist- Purnea
6. Minhaj @ Md Minhaj Alam son of Late Soaib Alam Resident of village-
Dharhara, Ansari Tola, Ps- Banmankhi, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 498A, 341, 323, 363 and
365 of the Indian Penal Code to which Sections 302 and 201 of
the Indian Penal Code were added subsequently.
3. As per the prosecution case, the informant states
that his daughter who was married to co-accused Azim was
Patna High Court CR. MISC. No.43937 of 2026(2) dt.09-07-2026
2/3
abused, tortured and assaulted by the accused persons including
these petitioners. She was ultimately killed and her body
disposed of.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioner no. 1 is Bhaisur, petitioner no. 2 is nephew, petitioner
no. 3 is Bhenoi and petitioner nos. 4 to 6 are sons of maternal
uncle of the deceased and they are simply victims of over-
implication. Allegation against petitioners is general and
omnibus. Petitioners are separate in mess and property and have
got no concern with family affairs of the deceased. He further
submits that thrust of accusation is against husband of the
deceased who has already been granted regular bail by a co-
ordinate Bench of this court vide order dated 13.09.2024 passed
in Cr. Misc. No. 62699 of 2024. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and the fact
that husband of the deceased has already been granted regular
bail, this anticipatory bail is allowed and it is ordered that let the
above named petitioners in the event of their arrest/surrender
Patna High Court CR. MISC. No.43937 of 2026(2) dt.09-07-2026
3/3
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Purnea in connection with Banmankhi P. S. Case No. 28 of
2020, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.