Md. Talim Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Md. Talim Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: the petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned CJM, Motihari, East Champaran/Successor Court, subject to Section 482(2) BNSS conditions and four additional conditions.

Issue for consideration

Whether anticipatory bail may be granted to the petitioner, who apprehends arrest in connection with Phenhara P.S. Case No.183 of 2024 (dated 16.12.2024), in whose case the process under Section 82 of the Cr.P.C. was undertaken by the Court below. +1 more

Court's answer

Release is on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, Motihari, East Champaran/Successor Court, in connection with Phenhara P.S. Case No.183 of 2024.

Ratio / Principle

Taking into account that the reason of death, as stated by the informant during the course of trial, does not implicate this petitioner, the Court directed that the petitioner be released on bail in the event of his arrest or surrender before the learned Court below within a period of six weeks.

Key takeaways

The bail is subject to the conditions laid down under Section 482(2) of the BNSS and, additionally: (i) one bailor must be a family member/relative providing official proof of bona fides; (ii) the petitioner must appear on each and every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court; (iii) the petitioner must not induce, promise, threaten or tamper with witnesses or evidence, failing which the State may seek cancellation; and (iv) the petitioner must desist from committing any criminal offence again, failing which the State may take steps for cancellation of the bail bonds.ratio¶19

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — High Court of Judicature at Patna (Ajit Kumar, J.), Criminal Miscellaneous No.6641 of 2026, decided 04-02-2026: anticipatory bail granted to Md. Talim in respect of Phenhara P.S. Case No.183 of 2024, dated 16.12.2024 (East Champaran), registered for offences punishable under Sections 126(2), 115(2), 118(1), 109, 75, 303(2), 352, 351(2), 3(5) and 103(2)(1) of the Bharatiya Nyaya Sanhita, arising from a land dispute in which the informant's husband was allegedly assaulted with a farsa sustaining a head injury. Although the process under Section 82 of the Cr.P.C. had been undertaken by the Court below during the petitioner's stay away from home, and petitioner's counsel invoked Asha Dubey v. State of Madhya Pradesh, reported in 2024 LiveLaw (SC) 889, submitting there is no embargo in entertaining an anticipatory bail application where sufficient reasons are explained, the Court granted bail principally because the reason of death as stated by the informant during the course of trial — that the deceased fell on a cattle-feeding instrument made of cement (Nad) — does not implicate the petitioner; the fardbeyan recorded at IGIMS, Patna attributed the head wound to coaccused Tamanne's alleged sword assault. Terms: release upon arrest or surrender within six weeks, bail bond of Rs. 10,000/- (two sureties of like amount each) to the satisfaction of the learned CJM, Motihari, East Champaran/Successor Court, subject to conditions under Section 482(2) of the BNSS plus: bona fide relative/family-member bailor with official proof; attendance on every Trial Court date (absence on two consecutive dates without plausible reason entails cancellation); no inducement, promise, threat or tampering with witnesses/evidence; and desistence from further offences. Counsel also stated the petitioner has no criminal antecedents.