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Patna High Court

Mujaffar @ MojaffarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.64248 of 2025(5) dt.19-03-2026
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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
            Patna High Court CR. MISC. No.64248 of 2025(5) dt.19-03-2026
                                                        3/3




                      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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