Created by Fuzzy Cloud

Patna High Court

Md. AtifversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted given the seriousness of the murder charge.

Summary

The petitioner, Md. Atif, was arrested in connection with a murder case (PS Case No.452/2025) and charged under Sections 140(2) and 61(2) of the B.N.S., with Section 103(1) later added. He applied for regular bail, claiming false implication and noting that seven of eight witnesses had been examined and that he has no prior criminal record. The State, represented by the Additional Public Prosecutor, and the informant’s counsel opposed bail, emphasizing the seriousness of the homicide charge. The Court, after hearing arguments, considered the gravity of the offence and the risk of tampering with evidence. Consequently, the Court declined to grant bail and dismissed the petitioner's application. The decision reflects the principle that bail may be denied in serious offences where the accused poses a risk to the trial process.

Issues considered

  • Whether the petitioner is entitled to regular bail in a murder case under Sections 140(2), 61(2) and 103(1) of the B.N.S.

Legislation cited

  • B.N.S. — s. 103(1), 140(2), 61(2)

Subjects

  • bail
  • murder
  • regular bail
  • criminal procedure
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80688 of 2025
                   Arising Out of PS. Case No.-452 Year-2025 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Md. Atif Son of Md. Allauddin Resident of Village - Chiotahan, Ps- Saraiya,
                 Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.N.K.Aggarwal, Sr. Advocate
                 For the Opposite Party/s :       Mr.Bharat Lal, APP
                 For the Informant        :       Mr.Rajesh Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   19-03-2026                   Heard Mr. N. K. Aggarwal, learned Senior Counsel

                   for the petitioner, learned counsel for the informant and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Chakia

                   P.S. Case No. 452/2025 registered for the offences punishable

                   under Sections 140(2), 61(2) of B.N.S. later on Section 103(1)

                   of B.N.S. was added.

                                3. As per the prosecution case, petitioner is accused of

                   killing the deceased.

                                4. Learned Senior Counsel for the petitioner submits

                   that petitioner has falsely been implicated in the case. Learned

                   Senior Counsel further submits that out of eight, seven

                   witnesses have been examined. Petitioner has no criminal
              Patna High Court CR. MISC. No.80688 of 2025(6) dt.19-03-2026
                                                          2/2




                        antecedent and he is in custody since 11.08.2025. The petitioner

                        undertakes to co-operate in the case/ trial.

                                     5. Learned APP for the State as well as learned

                        counsel for the informant have jointly opposed the prayer for

                        regular bail of the petitioner on the ground that petitioner is

                        accused of killing the deceased.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

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.