Patna High Court

Md. JahangirversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond, sureties, and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Jahangir, sought anticipatory bail fearing arrest in a murder case registered under Sections 103 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, where the victim was his alleged co‑accused's husband. The prosecution alleged that the petitioner was part of a conspiracy to murder, but the informant was not an eye‑witness and no direct evidence linked the petitioner to the crime. The petitioner argued that he was falsely implicated due to an old enmity and that no material evidence existed against him, citing his clean antecedents and the fact that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail on the ground of the seriousness of the offence. Considering the lack of substantive evidence and the precedent of bail to co‑accused, the Court ordered that the petitioner be released on anticipatory bail upon surrender within eight weeks, subject to a bail bond of Rs. 10,000 and two sureties, and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the absence of material evidence and only on suspicion.
Whether the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are appropriate.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5)

Subjects

anticipatory bail
murder
suspicion
bail bond
sureties
criminal procedure
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84412 of 2025
                    Arising Out of PS. Case No.-217 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Md. Jahangir Md Idrish @ Md. Idaris Rain Resident of Village - Korahiya,
                 Ward No. 07, P.S. - Jaynagar, Dist. - Madhubani.
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhavesh Kumar Sah
                 For the Opposite Party/s :      Mr.Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   27-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 103 and 3 (5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on

                   21.06.2025 at about 9 PM, when informant tried to call her

                   husband on mobile phone, it was ‘switched off’ and on search,

                   his dead body was found in a bamboo clump. Informant

                   suspects that all the named accused persons, including this

                   petitioner, committed the murder of her husband.

                                4. Learned counsel for the petitioner submits that due

                   to old enmity, petitioner has been falsely implicated in this

                   case. Informant is not eye witness to the occurrence and only

                   suspicion has been raised. During investigation, none of the

                   witnesses claimed to have seen this petitioner committing the
           Patna High Court CR. MISC. No.84412 of 2025(4) dt.27-02-2026
                                                       2/2




                     alleged offence. Save and except suspicion, there is no other

                     material against this petitioner to show his complicity in the

                     alleged occurrence. Similarly situated co-accused persons have

                     already been granted anticipatory bail by this Court, vide order

                     dated 17.02.2026 passed in Cr.Misc. No. 86901 of 2025.

                     Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     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, Madhubani in connection with

                     Jaynagar P.S. Case No. 217 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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