Patna High Court
Md. Kallu @ Kallu MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail as no prima facie case exists and the investigation is complete.
Summary
Md. Kallu was arrested in connection with the alleged murder of an informant’s father, an incident said to have arisen after a dispute at a toddy shop owned by Kaushalya Devi. The FIR, based largely on Kaushalya Devi’s statement, implicated Kallu along with unknown persons under Sections 103(1) and 3(5) of the B.N.S. The petitioner contended that the investigation produced no incriminating material linking him to the crime and that a charge‑sheet had already been filed, eliminating any risk of evidence tampering. The State opposed the bail application. The court observed that, apart from the uncorroborated suspicion, no prima facie case existed and, since the investigation was complete, the petitioner was entitled to bail on a bond of Rs 10,000 with two sureties, subject to Section 480(3) of the B.N.S. Bail was therefore granted and the petitioner ordered released.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the alleged murder.
- Whether the material on record establishes a prima facie case justifying denial of bail.
- Whether the completion of investigation and filing of charge‑sheet removes the risk of tampering with evidence.
Legislation cited
- B.N.S. — s. 103(1), 3(5), 480(3)
Subjects
- bail
- murder
- suspicion
- charge-sheet
- BNSS
- Section 480(3)
- criminal procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87767 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- HATHIDAH District- Patna
======================================================
Md. Kallu @ Kallu Miyan Son of Late Md. Suleman Miyan @ Md. Suleman
Resident of Village- Dariyapur Tola P.S- Hathidah, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Manglam
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Hathidah P.S. Case No. 15 of 2025 registered for the
offences under Sections 103(1), 3(5) of the B.N.S.
3. The petitioner is named in the F.I.R. and is in
custody since 16.02.2025
4. As per FIR, informant raised suspicion
regarding petitioner as to commit the murder of his father
alongwith other unknown accused persons after a dispute
which alleged to surfaced in the toddy shop of one
Kaushalya Devi.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.87767 of 2025(2) dt.11-02-2026
2/3
petitioner submitted that as it was informed to informant
by one Kaushalya Devi that on the day of missing of
father of informant one altercation took place at her
toddy shop with his father and petitioner and unknown,
the petitioner was implicated with present case. It is
submitted that during investigation nothing incriminating
material transpired out of suspicion as raised through FIR
to connect petitioner prima-facie with present crime in
question. While concluding the argument, it is submitted
that petitioner found involved in two more criminal cases
where he is on bail and moreover, investigation of this
case is completed, for which charge-sheet has been
submitted, as such, there is no chance of tampering with
the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as save and except suspicion arising
out of statement of one Kaushalya Devi, prima-facie
nothing incriminating appears recovered/surfaced as to
Patna High Court CR. MISC. No.87767 of 2025(2) dt.11-02-2026
3/3
connect the petitioner with the present crime in question,
coupled with fact as investigation of this case already
completed where petitioner remains in custody since
16.02.2025, accordingly petitioner above named, is
directed to be released on bail in connection with
Hathidah P.S. Case No. 15 of 2025 on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of
learned Exclusive Spl. Judge, SC/ST Act, Patna
/concerned court, subject to the conditions as mentioned
under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…