Patna High Court
MD. SITARE @ IMRANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Sitare @ Imran, was arrested on 14 May 2024 in connection with a murder case (Sections 302, 120(B) and 34 of the Bharatiya Nyay Sanhita, 2023) arising from an alleged assault on a husband that led to his death. The petitioner claimed he has a clean antecedent and that the allegations against him are false, stemming from a land dispute, and that investigation records indicate all accused persons assaulted the deceased. The prosecution opposed his bail, citing the seriousness of the offences. The court considered the petitioner’s clean record, the statements of witnesses, and the length of his custody, and decided to grant bail on a cash bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was issued with a directive that any violation of conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to an accused of murder, criminal conspiracy and abetment under the Bharatiya Nyay Sanhita, 2023, considering his clean antecedent and the circumstances of the case.
Legislation cited
- Bharatiya Nyay Sanhita — s. 120(B), 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- abetment
- clean antecedent
- land dispute
- high court
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79141 of 2025
Arising Out of PS. Case No.-190 Year-2024 Thana- BIRAUL District- Darbhanga
======================================================
MD. SITARE @ IMRAN S/o Mintullah @ Bhola Resident of Village-
Deokuli Dham Damaya, Police Station- Biraul, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 31-01-2026 Heard Mr. Nilendu Kumar Choudhary, learned
counsel for the petitioner as well as Mr. Binod Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.05.2024 in connection with Biraul P.S. Case No. 190 of
2024, F.I.R. dated 14.05.2024 for the offences punishable under
Sections302, 120(B) and 34 of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, the informant
alleged that on 14.05.2024 when she was sitting at her door step
in the meantime, the petitioner along with other co-accused
persons came and started abusing and on objection they
assaulted her husband on his head by means of Fattha on due
which her husband sustained injuries and later taken to hospital
Patna High Court CR. MISC. No.79141 of 2025(5) dt.31-01-2026
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but died in the way.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. Although in the FIR there
is direct and specific allegation of assault attributed against the
petitioner but during investigation, the witnesses have stated
that all the FIR named accused persons have assaulted the
deceased, which is recorded in paragraph nos.12,14,45 and 48
of the case diary and it has come during investigation that there
was land dispute between the parties. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 14.05.2024.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
as well as the fact that petitioner has clean antecedent and
witnesses have stated that all the accused persons have assaulted
the deceased and period of custody, 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 & Additional
Patna High Court CR. MISC. No.79141 of 2025(5) dt.31-01-2026
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Sessions Judge-Biraul, Darbhanga in connection with Biraul
P.S. Case No. 190 of 2024, 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 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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