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Patna High Court

Md. Tuna @ Sadre AlamversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Md. Tuna @ Sadre Alam, was charged under Sections 127(3), 109(1), 115(2), 352, 351(2) and 3(5) of the B.N.S. for allegedly throwing an informant's son from a terrace with intent to kill. The petitioner claimed he was falsely implicated, citing the co-accused's exoneration and the lack of any eye‑witness during investigation. The State opposed bail, relying on the informant's eye‑witness statement in the FIR and the presence of villagers at the scene. The Court examined the material on record, noting the informant’s direct accusation and the seriousness of the offences. Consequently, the Court refused to grant bail, rejecting the petitioner's application.

Issues considered

  • Whether bail should be granted to the petitioner in light of the allegations and evidence presented.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 127(3), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • false implication
  • eye‑witness
  • B.N.S.
  • Sections 127, 109, 115, 352, 351, 3
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79599 of 2025
                       Arising Out of PS. Case No.-101 Year-2025 Thana- Singhaul District- Begusarai
                 ======================================================
                 Md. Tuna @ Sadre Alam S/o Late Almun@ Aliudin R/o Dumri Masjid Tola,
                 Ward No. 7, P.S- Singhoul, Dist- Begusarai
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Tanweer Kamal, Advocate
                 For the Opposite Party/s :         Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   19-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 127(3), 109(1), 115(2),

                   352, 351(2) and 3(5) of the B.N.S.

                                   3. As per the prosecution case, the petitioner along

                   with the co-accused is alleged to have thrown the informant’s

                   son from the terrace into the jungle situated behind the house,

                   with the intention to kill him.

                                   4. The learned counsel for the petitioner submits

                   that the petitioner has been falsely implicated in the present

                   case along with co-accused Mr. Arse Alam and the said co-

                   accused Mr. Arse Alam, after investigation has been held to be

                   innocent and a final report was filed in his favour. As a matter

                   of fact, it is only after informant’s son was recovered in an

                   unconscious condition in the Jungle that the present story had
            Patna High Court CR. MISC. No.79599 of 2025(5) dt.19-02-2026
                                                        2/2




                      been concocted and the petitioner was made an accused along

                      with co-accused. It has further been submitted that as a matter

                      of fact, there is no eye-witness to the occurrence even during

                      the course of investigation and the petitioner is in custody since

                      08.07.2025 with no criminal antecedent and charge-sheet has

                      been submitted.

                                     5. Learned APP for the State opposed the grant of

                      bail on the ground of allegations made in the First Information

                      Report and materials collected during the course of

                      investigation.

                                     6. Taking into consideration the facts and

                      circumstances and also considering the fact that the informant

                      himself has given an eye-witness account in the First

                      Information Report of the petitioner of having thrown the

                      deceased down from the terrace whereafter several villagers

                      had also assembled, this Court is not inclined to grant the

                      privilege of bail to the petitioner. Accordingly, the prayer for

                      bail of the petitioner is hereby rejected in connection with

                      Singhauli P.S. Case No.101 of 2025.



                                                (Soni Shrivastava, J)
anand/-
U       T


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