Patna High Court
Musafir Mian @ Musafir AamalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond of Rs. 10,000 and two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Musafir Mian, feared arrest in a case registered under Section 108 of the Bhartiya Nyaya Sanhita, 2023, alleging that he had spoken with an informant's married daughter (now deceased) and allegedly instigated her suicide. The petitioner contended that he had no role in the deceased's death, that the suicide resulted from family disputes, and that he was implicated only on suspicion, maintaining a clean antecedent. The State opposed the bail application. The Court examined whether the allegations amounted to a cognizable offence and whether bail could be granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Finding insufficient grounds to deny bail, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount, subject to the conditions of Section 482. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 108 of the Bhartiya Nyaya Sanhita, 2023.
- Whether the alleged communication and alleged instigation constitute sufficient ground to deny bail.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 108
Subjects
- bail
- Section 108
- Section 482
- suicide
- criminal procedure
- presumption of innocence
- abettor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82719 of 2025
Arising Out of PS. Case No.-412 Year-2025 Thana- MAJHAULIA District- West Champaran
======================================================
Musafir Mian @ Musafir Aamal Son of Hawaldar Miyan Resident of Village-
Purushotampur, P.S.- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 108 of the Bhartiya
Nyaya Sanhita, 2023.
3. Allegation against petitioner is that he used to talk
with informant’s married daughter (deceased) on mobile phone
in absence of her family members and instigated her for
committing suicide.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Petitioner has been made accused only on suspicion. In fact,
deceased herself committed suicide due to family dispute and
petitioner has got no concern with the family affairs of
deceased. There was no active or direct act on the part of
petitioner leading the deceased to commit suicide. Petitioner
claims clean antecedent.
Patna High Court CR. MISC. No.82719 of 2025(2) dt.05-01-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Bettiah, West Champaran in
connection with Majhauliya P.S. Case No. 412 of 2025, subject
to condition as laid down under Section 482 of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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