Mujaffar @ Mojaffar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64248 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- JALALGARH District- Purnia ====================================================== Mujaffar @ Mojaffar Son of Md. Bakurddin @ Bakruddin Resident of Village - Nahar Tola P.S. - Jalalgarh, District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2026 Heard Mr. Ajit Kumar Singh, learned counsel for the petitioner as well as Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 29.05.2025 in connection with Jalalgarh P.S. Case No. 185 of 2024, F.I.R. dated 29.11.2024 for the offences punishable under Sections 103(1), 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that on 29.11.2024, he got information that his sister, namely, Fugiya Khatoon has been killed. On reaching the matrimonial house of his sister, he saw his sister's dead body and thereafter he got to know that the petitioner along with other co-accused person killed her by strangulation.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.64248 of 2025(5) dt.19-03-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R and he has been made accused merely on the ground that the deceased is first wife of the petitioner but she was living separately from the petitioner and petitioner was living in Agra and except suspicion, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 29.05.2025
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Jalalgarh P.S. Case No. 185 of 2024, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.64248 of 2025(5) dt.19-03-2026 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T