Patna High Court
CR. MISC./47772/2026 of Md. Jasir Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47772 of 2026 Arising Out of PS. Case No.-44 Year-2026 Thana- ALOULI District- Khagaria ====================================================== Md. Jasir Son of Md. Munabber R/o village Sahsi Tola Dihuliya, P.S.- Allauli, District - Khagaria.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47772 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- ALOULI District- Khagaria ======================================================
Md. Jasir Son of Md. Munabber R/o village Sahsi Tola Dihuliya, P.S.- Allauli, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Aditya Kumar, Adv.
Mr. Prabhat Kumar, Adv.
For the Opposite Party/s :
Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
18-08-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Allauli P.S. Case No. 44 of 2026, registered for the offences punishable under Sections 103(1) and 3(5) of the BNS Act.
3. As per the allegation in the FIR, the informant stated that on 29.01.2026, at about 06:30 A.M., when he reached his house, he found his wife, Rahmati Khatoon, hanging from a bamboo with a dupatta around her neck. He further alleged that, prior to the occurrence, he had received threats from mobile number 7645841267, warning him to caution his wife, failing which, she would be killed. After the occurrence, upon checking his wife’s mobile phone, he allegedly found several calls from mobile number 7549402787 between 09:00 P.M. on 28.01.2026 and 02:00 A.M. on 29.01.2026. The said mobile number was allegedly found, upon verification, to be registered in the name of and/or being used by the petitioner, Md. Jasir.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that only suspicion has been raised by the informant, who happens to be the husband of the deceased, against the petitioner in the FIR. He has also submitted that there is no specific allegation against the petitioner and, on the contrary, the allegation levelled by the informant in the FIR that the petitioner and the deceased had interacted with each other over their mobile phones on the date of occurrence is completely demolished in view of paragraph no. 54 of the case diary, which contains the CDR of the mobile phone of the petitioner. It is manifest that no calls were made to the deceased by the petitioner. He has further submitted that in paragraph no. 66 of the case diary, which contains the statement of the sister of the deceased, she has categorically levelled allegations against the informant of the case, stating therein that the relationship between the informant and his wife (deceased)
was not cordial and that there was every possibility that the informant had committed the offence. As such, it is the informant who appears to be responsible for the commission of the offence in question. He has further submitted that there is no eyewitness to the occurrence and no allegation has been made against the petitioner by any of the witnesses. He has also submitted that the petitioner has clean antecedent and has been in judicial custody since 30.03.2026.
5. On the other hand, the learned APP for the State although has although opposed the application but has not disputed the submissions advanced on behalf of the learned counsel for the petitioner.
6. Taking into account the entire facts and circumstances of the case, coupled with the fact that the petitioner is a person of clean antecedent, the petitioner above- named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned CJM/concerned Court, Khagaria in connection with Allauli P.S. Case No. 44 of 2026, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial.
(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife.
(iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(iv) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any case other than the present one, his bail bond will not be accepted.
(v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.
Nirmal/- (Raj Kumar, J) U T