Supreme Court grants relief to Babuddin Mian, Justice Prabhat Kumar Singh had rejected pre-arrest bail application

In Babuddin Mian @ Babu Ali Mian @ Md. Babudin @ Babudin Mian vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices Dipankar Datta and Augustine George Masih passed a 2-page long order dated August 8, 2025 in a case which arose out of impugned final order dated May 17, 2024 passed by the Patna High Court. Supreme Court's order reads: 'Delay condoned. 2. Issue notice, returnable within four weeks. 3. Till the next date of hearing, the petitioner shall not be arrested in connection with F.I.R./Crime No.75 of 2019 dated 21.09.2019 registered at Police Station Mohammedpur, District Gopal Ganj, Bihar under Sections 302, 201 and 34 of the Indian Penal Code, subject to his joining investigation as and when called upon to do so by the investigating officer.'

In Babuddin Mian @ Babu Ali Mian @ Md. Babudin @ Babudin Mian vs. The State of Bihar (2024), Justice Prabhat Kumar Singh  of the High Court had a 2-page long order dated May 17, 2024. The petitioner had approached the Court apprehending arrest in a case registered for the offence punishable under sections 302, 201 and 34 of IPC . As per the prosecution case, informant got information that a dead body of unknown woman was lying at Dharavi dam of Amarpura. On getting such information, informant along with police personnel reached the place of incident and prepared inquest report in presence of two independent witnesses and F.I.R., was lodged against unknown persons. The petitioner's counsel had  submitted that petitioner was innocent and had falsely been implicated in this case only on the basis of suspicion because he happens to be the husband of the deceased. He also submitted that informant was not
an eye witness to the alleged occurrence . At the relevant time, petitioner was not present at the place of occurrence rather he was at Delhi. During course of investigation, it transpired that the victim had gone with two unknown persons on a motorcycle from her house and after that she became traceless and her dead body was found at Dharavi Dam of Amarpura. The counsel for the State had opposed the prayer for bail that petitioner being the husband of the deceased and dead body of the deceased was found at the place far away from her matrimonial house cannot escape from his responsibility. Justice Singh's order reads: '6. Considering the aforesaid facts and gravity of offence against the petitioner, prayer for pre-arrest bail of the petitioner is rejected.'