Patna High Court

Habib SahversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Habib Sah was charged under Sections 302 and 34 of the Indian Penal Code for the alleged murder of Najma Khatoon, the aunt of an informant, following an assault by Azad Sah. The petitioner claimed he was falsely implicated, highlighted a 12‑day delay in filing the FIR, and pointed out that a prior protection order dated 18‑07‑2025 was violated when he was arrested on 23‑07‑2025. He also noted that a co‑accused, Noor Mohammad, had been granted pre‑arrest bail in a similar case. The State opposed the bail application. Considering the lack of any overt act attributed to the petitioner, the delay in the FIR, and the violation of the protection order, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged with murder and common intention under IPC Sections 302 and 34.
Whether the delay in filing the FIR and the absence of any overt act by the petitioner justify granting bail.
Whether the violation of the earlier protection order impacts the bail decision.

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

regular bail
IPC 302
IPC 34
murder
common intention
FIR delay
protection order
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89547 of 2025
                  Arising Out of PS. Case No.-296 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Habib Sah Son of Makbul Sah Resident of Village - Badlu Tola, P.S.- Chapra
                 Muffasil, District - Saran at Chapra (Bihar).          .

                                                                                 .. ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gajendra Nath Ojha, Advocate
                 For the Opposite Party/s :      Mr.Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 302 and 34

                   of the Indian Penal Code.

                                3. The case of the prosecution is that the aunt of the

                   informant, namely, Najma Khatoon was allegedly assaulted by

                   Azad Sah by means of ‘lathi’ on her head as a result of which

                   she sustained a head injury and subsequently died.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the
Patna High Court CR. MISC. No.89547 of 2025(2) dt.15-01-2026
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          alleged occurrence is said to have taken place on 06.05.2024

          whereas the First Information Report was lodged on 18.05.2024.

          There is delay of 12 days in filing of the FIR but that delay has

          not been explained. It is further submitted that petitioner had

          approached this court for grant of pre-arrest bail and similarly

          situated co-accused, namely Noor Mohammad, against whom

          there was specific allegation of assaulting a family members,

          was granted pre-arrest bail by this court vide order dated

          07.11.2025.        It is further submitted that vide order dated

          18.07.2025, this Court had directed that no coercive steps be

          taken against the petitioner till 22.08.2025 however, despite the

          said protection, the petitioner was arrested on 23.07.2025. It is

          further submitted that the main thrust of allegation is against

          Azad Sah and the petitioner has not been attributed any overt act

          causing the fatal injury.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Chapra Muffasil P.S. Case No. 296 of

          2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with
            Patna High Court CR. MISC. No.89547 of 2025(2) dt.15-01-2026
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                      two sureties of the like amount each to the satisfaction of

                      learned Chief Judicial Magistrate, Saran.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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