Patna High Court

Karamat Mian @ Karamat MiyaversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that regular bail should be granted to the petitioner as there was no material evidence, he had a clean antecedent, and no risk of tampering or absconding.

Summary

The petitioner, Karamat Mian, applied for regular bail in a murder case registered under Sections 302 and 34 of the Indian Penal Code. He claimed innocence, stating there was no eye‑witness or material evidence against him, and that co‑accused had already been granted anticipatory bail. The State opposed the bail, but the court noted the charge‑sheet had been filed, the petitioner had a clean antecedent, surrendered voluntarily, and posed no risk of tampering with evidence or absconding. Considering these circumstances, the court ordered his release on bail with a bond of Rs.10,000 and two sureties of the same amount. The bail was granted subject to the satisfaction of the Chief Judicial Magistrate of Gopalganj.

Issues considered

Whether regular bail can be granted to an accused in a murder case under Sections 302/34 of the IPC when the charge‑sheet is filed and there is no material evidence against him
Whether the grant of anticipatory bail to co‑accused influences the decision on regular bail

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

regular bail
murder
IPC 302
IPC 34
anticipatory bail
clean antecedent
charge-sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.664 of 2026
                      Arising Out of PS. Case No.-6 Year-2024 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Karamat Mian @ Karamat Miya S/O Yshu Miya R/O Village- Chamukha,
                 P.S- Vijaypur, Distt.- Gopalganj.


                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Harshvardhan, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   23-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence punishable under Sections 302/34 of the Indian

                   Penal Code.

                                3. It is alleged that a dispute was going on between

                   the deceased and her husband Saddam Hussain due to an

                   internal matter and when the husband of the deceased had gone

                   out, the accused persons including the petitioner at the behest of

                   Saddam Hussain strangulated the deceased to death while she

                   was sleeping.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.664 of 2026(3) dt.23-02-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in the

          present case. Further submission is that there is no cogent

          material found against the petitioner. There is no eye witness to

          support the prosecution case. Except the suspicion, there is no

          material against the petitioner. The charge-sheet has already

          been submitted after completion of investigation and there is no

          requirement of any custodial interrogation of the petitioner.

          Similarly situated co-accused persons have already been granted

          anticipatory bail by a Co-ordinate Bench of this Court vide order

          dated 08.07.2025 passed in Cr. Misc. No. 76648 of 2024.

          Petitioner himself surrendered before the Court concerned on

          19.08.2025. Petitioner has no criminal antecedent and he

          undertakes to co-operate in the trial. There is no chance of

          tampering with the evidence or absconding of the petitioner.

                       5. Learned A.P.P. for the State opposes the bail

          application of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as well as the fact that charge-sheet has been

          submitted, allegation against the petitioner, clean antecedent,

          and period of custody, let the above named petitioner be

          released on bail on furnishing bail bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the
            Patna High Court CR. MISC. No.664 of 2026(3) dt.23-02-2026
                                                        3/3




                      satisfaction of learned Chief Judicial Magistrate, Gopalganj in

                      connection with Vijaypur P.S. Case No. 06 of 2024.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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