Patna High Court

Md. Nashruddin @ Mohammad NasaruddinversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the petitioner’s involvement is only prima facie suspicion and, having been in custody for an extended period, he is entitled to bail.

Summary

The petitioner, Md. Nashruddin, was arrested in connection with a murder arising from a land dispute and charged under several IPC sections including 147, 148, 149, 341, 323, 302 and 506. He has been in custody since 21 May 2024 based largely on the informant’s suspicion, with no eyewitness testimony. The petitioner’s counsel argued that there is no incriminating material against him, highlighted his clean antecedents, and pointed out that a co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences. The court observed that the case against the petitioner is prima facie only suspicion, noted the prolonged pre‑trial detention, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
Whether the petitioner’s continued detention amounts to an unreasonable pre‑trial incarceration given the lack of incriminating evidence.

Legislation cited

BNSS — s. 480
Code of Criminal Procedure, 1973 — s. 437
Indian Penal Code — s. 147, 148, 149, 302, 323, 341, 506

Subjects

bail
pre‑trial detention
suspicion
IPC offences
land dispute
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80274 of 2025
                      Arising Out of PS. Case No.-148 Year-2024 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Md. Nashruddin @ Mohammad Nasaruddin S/o Harun Miya R/o Village-
                 Daodpur, P.S.- Paroo, District- Muzaffarpur
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Masoom Alam, Adv
                 For the Opposite Party/s :        Mr.Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026                      Heard the parties.

                                2. The petitioner seeks bail in connection with Paroo

                   P.S. Case No. 148 of 2024 registered for the offence under

                   Sections 147, 148, 149, 341, 323, 302 and 506 of the I.P.C.

                                3. The petitioner is named in the F.I.R. and is in custody

                   since 21.05.2024.

                                4. As per FIR, informant raised suspicion against

                   petitioner and other co-accused persons as to involved in

                   committing murder of the brother of the informant in the

                   background of land dispute.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that save and except suspicion qua advancing threat to

                   kill brother of the informant nothing appears incriminating against

                   this petitioner. Admittedly informant is not the eye-witness of the
               Patna High Court CR. MISC. No.80274 of 2025(2) dt.09-02-2026
                                                           2/2




                         occurrence. It is also submitted that similarly situated co-accused

                         namely Md. Ali @ Md. Ojib has already granted bail by this Court

                         through Cr. Misc. No. 4164 of 2025 dated 22.07.2025. While

                         concluding the argument, it is submitted that petitioner is a man of

                         clean antecedent.

                                      6. Learned APP opposed the prayer for bail.

                                      7. In view of aforesaid factual submission and by taking

                         note of fact as implication of petitioner prima-facie appears only

                         out of suspicion, where prima-facie nothing appears incriminating

                         against him during investigation, coupled with fact that petitioner

                         remains in custody since 21.05.2024, accordingly petitioner above

                         named, is directed to be released on bail in connection with Paroo

                         P.S. Case No. 148 of 2024 on furnishing bail bond of Rs.10,000/-

                         (Rupees Ten Thousand) with two sureties of the like amount each

                         to the satisfaction of learned District and Sessions Judge-20th,

                         Muzaffarpur/concerned court, subject to the conditions as

                         mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of

                         BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-

U         T

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