Patna High Court
Md. AfzalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to regular bail as the prosecution failed to establish mens rea or a charge under Section 302 IPC warranting denial of bail.
Summary
The petitioner, Md. Afzal, was arrested in connection with a case registered under Sections 115(2), 126(2), 103(1), 352 and 3(5) of the Bihar Narcotic Substances Act, alleged to have caused the death of the deceased. The prosecution contended that the accused, including the petitioner, pushed the deceased, leading to his death, while the petitioner claimed innocence, asserting that no offence under Section 302 IPC was made out and that mens rea was absent. The petitioner highlighted his clean antecedent and his willingness to cooperate with the trial, having been in custody since 26‑09‑2025. The State opposed regular bail, arguing the seriousness of the alleged act. After considering the material facts, the Court allowed the application for regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges and the allegation of causing death.
- Whether the prosecution has established sufficient mens rea and a charge under Section 302 IPC to justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 115(2), 126(2), 3(5), 352
- Indian Penal Code — s. 302
Subjects
- bail
- regular bail
- mens rea
- murder
- Indian Penal Code
- Bihar Narcotic Substances Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91982 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- CHEWARA District- Sheikhpura
======================================================
Md. Afzal Son of Md. Arsad R/o Village and P.S.- Chewara, District -
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Chewra P.S. Case No. 60/2025 registered for the offences
punishable under Sections 115(2), 126(2), 103(1), 352 and 3(5)
of B.N.S.
3. As per the prosecution case, petitioner and others
are said to have killed the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that no offence under Section
302 I.P.C. is made out against the petitioner and there is no
mens rea established in the case. Learned counsel further
submits that petitioner has clean antecedent and he is in custody
Patna High Court CR. MISC. No.91982 of 2025(3) dt.24-03-2026
2/2
since 26.09.2025. The petitioner undertakes to co-operate in the
case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that during an
argument, the accused persons including the petitioner pushed
the deceased due to which he fell down and subsequently died.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M. II, Sheikhpura concerned
Court below in connection with Chewara P.S. Case No.
60/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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