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Patna High Court

Tahmid @ TamidversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

Tahmid, a resident of Purnia district, was arrested on 28 April 2025 in connection with a murder case (PS Case No. 169 of 2025) under Section 103(1) of the Bihar Narcotic Substances Act, 2023, alleging he killed his wife with an iron rod. He applied for bail, claiming a clean antecedent and that the FIR was fabricated, asserting the informant was not an eyewitness. The prosecution opposed bail, stating that the petitioner had confessed and that medical evidence corroborated the charge. The court examined the allegations and the supporting medical evidence, finding a direct and specific case against the petitioner. Consequently, the court refused the bail application.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Section 103(1) of the Bihar Narcotic Substances Act, 2023, given the existence of a confession and medical evidence.

Legislation cited

Subjects

  • bail
  • murder
  • Section 103
  • medical evidence
  • confession
  • false implication
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81416 of 2025
                        Arising Out of PS. Case No.-169 Year-2025 Thana- AMAUR District- Purnia
                 ======================================================
                 Tahmid @ Tamid Son of Md. Mojib @ Birbal Resident of village - Ward No.-
                 7, Bhawanipur, P.S.- Amour, District - Purnia.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kushal, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   31-01-2026                    Heard Mr. Kushal, learned counsel for the petitioner

                   and Mr. Satya Nand Shukla, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   28.04.2025 in connection with Amour P.S. Case No. 169 of

                   2025, F.I.R. dated 28.04.2025 for the offences punishable under

                   Section 103(1) of the BNS, 2023.

                               3. According to prosecution case, this petitioner killed

                   his wife who happens to be the informant's daughter by means

                   of iron rod.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed
            Patna High Court CR. MISC. No.81416 of 2025(3) dt.31-01-2026
                                                        2/2




                      any offence as alleged in the F.I.R. He further submits that the

                      informant is not the eye witness of the alleged occurrence and

                      merely on the basis of suspicion, petitioner has been made

                      accused in the present case.

                                  5.    Learned       Additional       Public   Prosecutor   has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that the petitioner has himself confessed his guilt in the

                      present occurrence and the allegation as alleged in the F.I.R is

                      supported by the medical evidence.

                                   6. Considering the aforesaid facts and circumstances

                      that there is direct and specific allegation against the petitioner

                      supported by the medical evidence, I am not inclined to enlarge

                      the petitioner on bail in connection with Amour P.S. Case No.

                      169 of 2025 pending in the court of learned CJM, Purnea.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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