Created by Fuzzy Cloud

Patna High Court

Sakir AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Petitioner Sakir Ali was arrested on 6 March 2025 in connection with a murder case (Sessions Trial No. 648 of 2025) arising from a dowry‑related killing alleged under Sections 80, 352, 351(2) and 3(5) of the B.N.S, 2023. The prosecution contended that the petitioner, as the husband of the deceased, participated in the killing of the informant’s sister for non‑payment of dowry. The defence argued that the petitioner has a clean antecedent, the FIR is fabricated, there is no eye‑witness, and the only basis for accusation is his marital relationship; moreover, two trial witnesses have turned hostile. The court noted the lack of supportive testimony, the petitioner’s prolonged custody since March 2025, and the possibility of securing his presence, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the District and Additional Sessions Judge, Bagaha.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S, 2023.
  • Whether the prosecution has established a prima facie case sufficient to deny bail, considering hostile witnesses and lack of eye‑witness.
  • Whether there is a risk of the petitioner tampering with evidence or fleeing the jurisdiction.

Legislation cited

Subjects

  • bail
  • dowry death
  • murder
  • hostile witnesses
  • criminal procedure
  • B.N.S 2023
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67700 of 2025
                   Arising Out of PS. Case No.-23 Year-2025 Thana- BHITAHA District- West Champaran
                 ======================================================
                 Sakir Ali Son of Balistar Gaddi Resident of Village - Hirasoti, Police Station -
                 Bhitaha, District - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Milind Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   19-03-2026                     Heard Mr.Milind Kumar Mishra, learned counsel for

                   the petitioner and Mr.Ram Priya Sharan Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since 06.03. 2025

                   in connection with Sessions Trial No. 648 of 2025 arising out of

                   Bhitaha P.S. Case No. 23 of 2025, F.I.R. dated 25.02.2025 for the

                   offences punishable under Sections 80, 352, 351 (2) and 3 (5) of

                   B.N.S, 2023.

                               3. According to prosecution case, petitioner and others

                   killed the sister of the informant for non-fulfillment of demand of

                   dowry.

                               4. Learned counsel for the petitioner submits that petitioner

                   has clean antecedent and he has falsely been implicated in the present

                   case. Allegation as alleged in the F.I.R is false and fabricated. The

                   petitioner has not committed any offence as alleged in the F.I.R. It
Patna High Court CR. MISC. No.67700 of 2025(4) dt.19-03-2026
                                             2/3




          appears from the F.I.R itself that informant is not an eye witness of

          the alleged occurrence and petitioner has been accused in this case

          only on the ground that petitioner is the husband of the deceased.

          Learned counsel further submits that it appears from paragraph 33 of

          the case diary that relevant witness Manjur Ali stated that the

          petitioner has hired the vehicle of Manjur Ali for treatment of the

          deceased but in the midst of Gorakhpur it has been found that she has

          died and police after investigation submitted charge sheet. Petitioner

          is in custody since 06.03.2025. Learned counsel further submits that

          trial has begun and two of the witness have been examined and both

          of the witnesses have become hostile.

                      5. The       learned    Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          witnesses have not supported the case of prosecution in the trial and

          the petitioner is in custody since 06.03.2025, 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 District and Additional Sessions Judge-1st

          Bagaha, West Champaran in connection with Sessions Trial No. 648

          of 2025, arising out of Bhitaha P.S. Case No. 23 of 2025, subject to

          the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court and
             Patna High Court CR. MISC. No.67700 of 2025(4) dt.19-03-2026
                                                         3/3




                       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)
vashudha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.