Patna High Court
Mujaffar @ MojaffarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
Petitioner Mujaffar was arrested in May 2025 for the alleged murder of his sister Fugiya Khatoon, based on an informant's statement and charged under Sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the FIR was fabricated, asserting that he lived separately from the deceased. The prosecution opposed bail, arguing the seriousness of the offence. The court examined the lack of substantive material linking the petitioner to the crime and his clean record, and consequently granted bail on a Rs.10,000 bond with two sureties, imposing conditions of trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was subject to cancellation if the petitioner violated any condition.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder under the Bharatiya Nyay Sanhita, 2023.
- Whether the evidence on record justifies denial of bail.
- Whether the petitioner’s alleged clean antecedent and lack of material evidence warrant bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- Bharatiya Nyay Sanhita
- criminal antecedent
- suspicion
- trial cooperation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64248 of 2025
Arising Out of PS. Case No.-185 Year-2024 Thana- JALALGARH District- Purnia
======================================================
Mujaffar @ Mojaffar Son of Md. Bakurddin @ Bakruddin Resident of Village
- Nahar Tola P.S. - Jalalgarh, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-03-2026 Heard Mr. Ajit Kumar Singh, learned counsel for
the petitioner as well as Mr. Nirmal Kumar Sinha, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.05.2025 in connection with Jalalgarh P.S. Case No. 185 of
2024, F.I.R. dated 29.11.2024 for the offences punishable under
Sections 103(1), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on 29.11.2024, he got information that his sister,
namely, Fugiya Khatoon has been killed. On reaching the
matrimonial house of his sister, he saw his sister’s dead body
and thereafter he got to know that the petitioner along with other
co-accused person killed her by strangulation.
4. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and he has falsely been
implicated in the present case merely on the basis of suspicion.
He further submits that the allegation as alleged in the F.I.R. is
false and fabricated and the petitioner has not committed any
offences as alleged in the F.I.R and he has been made accused
merely on the ground that the deceased is first wife of the
petitioner but she was living separately from the petitioner and
petitioner was living in Agra and except suspicion, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 29.05.2025
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Purnea in connection with Jalalgarh P.S.
Case No. 185 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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