Patna High Court
Md. Wasi Khan @ Wasi Ahmed @ Md. Wasim Khan@Md. Wasim Khan@Wasi KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, holding that the absence of specific allegations and clean antecedents justify release on bail with conditions.
Summary
The petitioners, Md. Wasi Khan and Md. Firoz Khan, were arrested in connection with a dowry death case (FIR dated 21.08.2025) where the victim was the sister of the informant. They argued that they have clean antecedents and were implicated solely because of their familial relationship to the deceased, with no specific allegation of assault or dowry demand against them in the FIR. The prosecution opposed bail, citing multiple witnesses and the commencement of trial. The trial court report indicated the case was pending on the point of charge, with no prospect of early conclusion. Considering the lack of specific allegations, clean antecedents, and trial delay, the High Court granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail can be granted to accused in a dowry death case where the FIR contains only general allegations and no specific charge against the petitioners.
- Whether the petitioners' familial relationship to the victim justifies denial of bail.
- Whether the pending status of the trial and lack of early conclusion warrant bail.
Subjects
- bail
- dowry death
- Section 304B
- criminal procedure
- clean antecedent
- trial delay
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79366 of 2025
Arising Out of PS. Case No.-521 Year-2025 Thana- ARA NAGAR District- Bhojpur
======================================================
Md. Wasi Khan @ Wasi Ahmed @ Md. Wasim Khan@Wasi Khan S/O
Khodadin Khan Resident of Village- Rauja Mohalla, P.S.- Ara Nagar, District-
Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 80682 of 2025
Arising Out of PS. Case No.-521 Year-2025 Thana- ARA NAGAR District- Bhojpur
======================================================
Md. Firoz Khan S/O Wasi Khan @ Wasi Ahmad Resident of Village - Rauja
Mohalla. P.S. - Ara Nagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 79366 of 2025)
For the Petitioner/s : Mr.Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
For the Informant : Mr. Diwakar, Advocate
(In CRIMINAL MISCELLANEOUS No. 80682 of 2025)
For the Petitioner/s : Mr.Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP
For the Informant : Mr. Diwakar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 23-03-2026 Heard Mr.Raju Kumar Singh, learned counsel for the
petitioners, Mr. Diwakar, learned counsel for the informant and
Mr.Nawal Kishore Prasad, and the learned A.P.P. for the State
in both the applications.
2. The petitioners seek bail, in connection with Ara
Patna High Court CR. MISC. No.79366 of 2025(5) dt.23-03-2026
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Nagar P.S.Case No.521 of 2025, F.I.R. dated 21.08.2025
registered for the offence punishable under Section 80, 3(5)
B.N.S.
3. Allegation against the petitioners is that they
alongwith other co-accused persons have in furtherance of their
common intention committed the dowry death of the sister of
the informant.
4. Learned counsel appearing for the petitioners
submits that the petitioners have clean antecedent and they have
falsely been implicated in the present case merely on the ground
that the petitioner, namely, Md. Wasi Khan @ Wasi Ahmed @
Md. Wasim Khan@Wasi Khan is father-in-law and petitioner
namely, Md. Firoz Khan is brother-in-law of the deceased. It
appears from the FIR itself that the informant is not the eye
witness of the alleged occurrence and merely on the basis of
suspicion the petitioners have been made accused in the present
case. In fact the victim during making the food she has burnt
from fire and petitioners have no role at all in the alleged
occurrence and it appears from the FIR that there is no specific
allegation against the petitioners in the FIR rather there is
general and omnibus allegation against all the accused persons
including the petitioners and the petitioners have no concern at
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3/5
all with the family affairs of the deceased and they have been
made accused in the present case merely on the ground that they
are inlaws of the deceased and the police, after investigation,
submitted chargesheet against the petitioners and petitioner,
namely, Md. Wasi Khan @ Wasi Ahmed @ Md. Wasim
Khan@Wasi Khan is in custody since 21.08.2025 and petitioner
namely, Md. Firoz Khan is in custody since 29.08.2025
respectively.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioners and submits that a number of witnesses have
supported the case of the prosecution and apart from that, the
trial has begun.
6. Vide order dated 29.01.2026, a report was called for
with regard to the present stage of the trial. Report of the
learned Trial Court dated 13.02.2026 reveals that the case is
pending for consideration on the point of charge.
7. Learned counsel for the petitioners submits that in
view of the report of the learned Trial Court that there is no
chance of early conclusion of the trial in near future and
petitioner, namely, Md. Wasi Khan @ Wasi Ahmed @ Md.
Wasim Khan@Wasi Khan is in custody since 21.08.2025 and
Patna High Court CR. MISC. No.79366 of 2025(5) dt.23-03-2026
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petitioner namely, Md. Firoz Khan is in custody since
29.08.2025 respectively.
8. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation of any assault,
overt-act or demand of dowry attributed against the petitioners
in the FIR, let the petitioners, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand)each with
two sureties of the like amount each to the satisfaction of
learned C.J.M., Bhojpur at Ara in connection with Ara Nagar
P.S.Case No.521 of 2025, with the following conditions:-
(I) Petitioners 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 theri absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
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cancellation of bail bond of the petitioners. 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)
Nitesh/-
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