Patna High Court
Munna KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted and dismissed the petitioner's application for regular bail.
Summary
The petitioner, Munna Khan, applied for regular bail in a case registered under sections 123, 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in the death of his wife, who was forced to drink a poisonous liquid. The prosecution alleged that the petitioner caused the death by administering a pesticide‑laden drink, and the FIR was lodged two days after the incident. The petitioner argued that the FIR was delayed, key witnesses did not support the prosecution, and both families participated in the deceased's last rites, indicating no animus. The State opposed bail, emphasizing the seriousness of the charges, the forensic evidence of pesticide, and the fact that the trial was already underway with several witnesses examined. After considering the allegations, forensic report, and the stage of trial, the court declined to grant bail and directed the trial court to expedite the proceedings.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 123, 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offence.
- Whether the two‑day delay in lodging the FIR and the claim of false implication affect the bail eligibility.
- Whether participation of both parties in the last rites of the deceased has any bearing on the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 3(5), 80
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- section 123
- section 80
- section 3(5)
- forensic evidence
- trial delay
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61687 of 2025
Arising Out of PS. Case No.-576 Year-2024 Thana- SASARAM NAGAR District- Rohtas
======================================================
Munna Khan S/o- Md. Anwar Khan R/o - Sahajlalpir, P.S - Sasaram, Town,
District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sasaram (T) P.S. Case
no. 576 of 2024 registered under sections 123, 80 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his daughter who was married to the petitioner herein was
taken away by the petitioner and forced to drink a poisonous
drink as a result of which she died.
4.Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There is a delay of
two days in lodging of the FIR. The witnesses in paragraph nos. 72
of 73 of the case diary as also the informant and independent
witnesses who have deposed in the trial in the learned trial Court
Patna High Court CR. MISC. No.61687 of 2025(4) dt.21-01-2026
2/2
have not supported the prosecution case. It is further stated that both
the sides participated in the last rites of the deceased and the
petitioner is in custody since 10.3.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
having perused the contents of the petition, taking into
consideration the petitioner being the husband of the deceased,
the allegations of the petitioner making the daughter of the
informant drink a poisonous drink, the contents of the FSL
report wherein in the contents of the drink, pesticides was
found, the trial having proceeded in the learned trial Court and
according to learned counsel for the petitioner, four out of eight
chargesheet witnesses having been examined, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
sauravkrsinha/-
U T
Checking your session…