Patna High Court
Nasruddin Sai @ Nasruddin Saai @ HajruddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the petition for anticipatory bail.
Summary
The petitioner, Nasruddin Sai, sought anticipatory bail after being implicated in a murder case under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita. The prosecution’s informant alleged that the petitioner killed the informant’s father, whose body was found near a river. The petitioner, a carpenter, contended he had no motive, was not named in the related Sessions Trials, and no witness linked him to the crime, asserting a clean antecedent. The State opposed the bail, arguing the seriousness of the accusation. Considering the lack of specific incriminating evidence and the petitioner’s clean record, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the allegations under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita.
- Whether the prosecution has established a prima facie case sufficient to deny bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 137(2), 96
Subjects
- anticipatory bail
- murder
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85791 of 2025
Arising Out of PS. Case No.-386 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Nasruddin Sai @ Nasruddin Saai @ Hajruddin, Son of Late Hasim Resident
of Village- Khvaspur P.S.- Lakdi Nabiganj, Dist- siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case
registered for the offence under Sections 137(2) and 96 of the
Bhartiya Nyaya Sanhita.
3. As per prosecution case, informant namely
Shamshad Hasami alleged that on 20.06.2025, father of the
informant went with the petitioner for work but did not return.
Later, informant got to know that a dead body was lying near
the river, on reaching there he found that his father was killed
and injury was found on his body. The informant raised
suspicion that petitioner has committed murder of his father
because the deceased father of the informant was to be
Patna High Court CR. MISC. No.85791 of 2025(3) dt.15-01-2026
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examined as witness in Sessions Trial No. 243 of 2023 and
Sessions Trial No. 317 of 2021 in which named accused
persons were accused.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is a carpenter and on a fateful day he along with the deceased
went to do work of carpentry at the house of co-accused Biru
Miyan. He further submits that petitioner is not an accused in
Sessions Trial no. 243 of 2023 and Sessions Trial No. 317 of
2021 and as such there was no occasion or motive for this
petitioner to indulge or commit such crime. He further submits
that no specific role has been attributed to this petitioner in the
alleged offence. During course of investigation, none of the
witnesses have stated about the complicity of this petitioner in
the alleged occurrence. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
petition of the petitioner.
6. Considering the backdrop of the case and nature
of accusation and other circumstance of the case, the prayer for
anticipatory bail of petitioner is allowed. Let the above named
petitioner, in the event of his arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
Patna High Court CR. MISC. No.85791 of 2025(3) dt.15-01-2026
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bonds of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. 1, Siwan, in
connection with Basantpur (L.N.G.) P.S. Case No. 386 of 2025,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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