Patna High Court
Firoj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The petitioners are entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
Firoj Alam and Afrina Khatoon sought anticipatory bail after being implicated in a case (Haraiya P.S. Case No. 112 of 2025) for the alleged murder of a young woman, alleged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s informant claimed the petitioners fled after killing the deceased, while the defence argued they are merely relatives of the deceased, that the FIR only raises suspicion, there is no eye‑witness, and the post‑mortem report indicates death by hanging, i.e., suicide. The petitioners also highlighted their clean antecedents. The State opposed the bail. The Court, considering the lack of substantive evidence and the suicide finding, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, imposing standard conditions and a bail bond of Rs.10,000 with two sureties each. The order clarified that its observations would not affect the trial. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the presence of a post‑mortem report indicating suicide negates the prosecution’s case and justifies bail.
- Whether the petitioners’ clean antecedents and lack of eye‑witnesses warrant the grant of bail despite the serious nature of the alleged offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- suicide
- murder allegation
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91178 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- Haraiya District- East Champaran
======================================================
1. Firoj Alam S/O Late Munna Miyan @ Aftab Alam
2. Afrina Khatoon W/O Firoj Alam
Both are R/O Village- Dhupwa Tola, Near Vastu Vihar, P.S- Haraiya, Dist.-
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv.
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-02-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Haraiya P.S. Case No. 112 of 2025 registered
for the offence(s) under Section(s) 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that he received a phone call that his daughter is very ill
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and when he went there, he saw that his daughter was dead and
all the members of the house including the petitioners had fled
away after killing his daughter.
4. The learned counsel for the petitioners submits that
the petitioners are Bhaisur and Gotani of the deceased
respectively. It has been submitted that from the perusal of the
FIR, it would be evident that only suspicion has been raised
against the petitioners and there is no eye-witness to the
occurrence. It has next been submitted that on the perusal of the
post-mortem report, it would be evident that the Doctor has
opined that the cause of the death is asphyxia due to hanging. It
has further been submitted that it was on account of some
dispute of the deceased with the her husband that she committed
suicide and the petitioners have no concern whatsoever with the
same. It has lastly been submitted that the petitioners have
clean antecedents.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
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the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the concerned Court/successor Court where
the case is pending in connection with Haraiya P.S. Case No.
112 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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