Patna High Court
Md. Gafoor @ Md. GafurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Md. Gafoor, was arrested in connection with a land‑related dispute that allegedly led to the assault and subsequent death of the informant's husband. The prosecution alleged offences under Sections 103(1) and 3(5) of the B.N.S., while the defence argued that the death was natural, as indicated by the post‑mortem report showing no external injuries and a cause of cardio‑respiratory failure. The petitioner claimed innocence, a clean antecedent, and that the case was fabricated by the informant. The State opposed bail but accepted the post‑mortem findings. Considering the natural cause of death, the petitioner’s clean record, the filing of the charge‑sheet, and the period of custody, the court granted bail subject to conditions under Section 480(3) of the B.N.S.S. and additional safeguards.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 103(1) and 3(5) of the B.N.S.
- Whether the natural cause of death as per the post‑mortem report negates the seriousness of the alleged offence for bail purposes
Legislation cited
Subjects
- bail
- criminal procedure
- natural death
- post‑mortem report
- land dispute
- clean antecedent
- Section 480
- Section 103
- Section 3
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83136 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Md. Gafoor @ Md. Gafur Son of Md. Dukhiya @ Md. Dukhi R/o Village -
Kamalpur, P.S. - Laukaha, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Laukaha P.S. Case No. 107 of 2025 registered
for the alleged offences under Sections 103(1), 3(5) of B.N.S.
03. As per prosecution case, the petitioner and other
co-accused persons, in the background of dispute over drainage
of dirty water on the land of the informant, assaulted the
husband of the informant making him unconscious. When the
husband of the informant was taken to Primary Health Centre,
he was referred to Sadar Hospital, Madhubani and the husband
of the informant died while being taken to the hospital.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.83136 of 2025(3) dt.11-02-2026
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petitioner is innocent and has been falsely implicated in this
case. The prosecution case is palpably false and concocted and
the husband of the informant died a natural death. This fact has
come in the postmortem report which also shows there was no
sign of any external injury on the person of the husband of the
informant. Land dispute is admitted and for this reason, taking
the advance of death of her husband, the informant has made
accused this petitioner along with his other family members.
The petitioner is having clean antecedent. The petitioner is in
custody since 23.07.2025 and charge sheet has been submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner. However, learned APP very fairly
submits that in the postmortem report the doctor has opined the
death occurred due to cardio respiratory failure (natural).
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
cause of death as given in the postmortem report and also
considering the period of custody of the petitioner, his clean
antecedent and submission of charge sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Jhanjharpur,
Patna High Court CR. MISC. No.83136 of 2025(3) dt.11-02-2026
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District - Madhubani/concerned Court in connection with
Laukaha P.S. Case No. 107 of 2025, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close relative
of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail,
the bail bond of the petitioner will be liable
to be cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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