Patna High Court

ABUJARversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioners, subject to bond and surety conditions, exercising its discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, four residents of Araria district, were named as accused in a criminal case (R.S.P.S. Case No. 71 of 2025) for the alleged murder of an informant’s son, invoking Sections 103(1), 238 and 3(5) of the Bhartiya Nyaya Sanhita. They contended that the prosecution’s case rested solely on suspicion, noting that the only alleged link was a prior threat made by the accused against the victim. The State opposed the bail application, arguing the seriousness of the offences. The Court examined whether mere suspicion, without substantive material, justified continued detention and considered the statutory discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Finding the petitioners’ claim of a clean antecedent credible and the evidentiary basis weak, the Court ordered that bail be granted upon surrender within eight weeks, subject to a bond of Rs 10,000 and two sureties. The order reflects the principle that bail may be granted when the prosecution’s case is not yet firmly established.

Issues considered

Whether bail should be granted to the accused under Sections 103(1), 238 and 3(5) of the Bhartiya Nyaya Sanhita on the basis of suspicion alone.
Whether the discretion under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the Court to enlarge bail in the present circumstances.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 103(1), 238, 3(5)

Subjects

bail
suspicion
criminal procedure
Bhartiya Nyaya Sanhita
Section 482
presumption of innocence
criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48609 of 2025
                         Arising Out of PS. Case No.-71 Year-2025 Thana- R S P.S. District- Araria
                 ======================================================
           1.     Abujar S/o- Md. Mehedin Village- Buwaribad W.No-8, Ps- R.S Dist- Araria
           2.    Haider @ Md. Haider S/o- Md. Mehedin Village- Buwaribad W.No-8, Ps-
                 R.S Dist- Araria
           3.    Siyahuddin @ Md. Sehddin S/o- Md. Mehedin Village- Buwaribad W.No-8,
                 Ps- R.S Dist- Araria
           4.     Azam @ Md. Azam S/o- Md. Taiyab Village- Dumaria Ps- Bairgachhi Dist-
                  Araria
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Vijay Kishore Bharti
                 For the Opposite Party/s :         Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   16-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 103(1), 238, 3(5) of the

                   Bhartiya Nyaya Sanhita.

                                3. Informant suspects that all these petitioners along

                   with one co-accused killed son of informant due to old

                   animosity.

                                4. Learned counsel for the petitioners submits that

                   petitioners have been made accused in this case only on

                   suspicion because prior to this incident, the accused persons

                   had threatened son of informant to kill. Save & except
           Patna High Court CR. MISC. No.48609 of 2025(4) dt.16-01-2026
                                                       2/2




                     suspicion, there is no other material to show complicity of

                     petitioners in the alleged occurrence.               Petitioners claim clean

                     antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned C.J.M., Araria in connection with

                     R.S.P.S. Case No. 71 of 2025, subject to condition as laid down

                     under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                     2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T

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