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Patna High Court

Md. Faiyajul Haque @ Md. Faiyazul HaqueversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed; regular bail is not granted to the appellant.

Summary

The appellant, Md. Faiyajul Haque, was charged with kidnapping and murdering a 12‑year‑old boy for a ransom of Rs. 25 lakh under Sections 140(2), 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(v) of the SC/ST Act. He applied for regular bail, which was rejected by the District and Additional Sessions Judge. On appeal, the Patna High Court examined the prosecution’s material linking the appellant to the crime and considered the gravity of the offence. The Court held that the seriousness of the kidnapping‑murder and the evidence on record did not justify granting bail. Consequently, the appeal was dismissed and the bail petition remained denied.

Issues considered

  • Whether the appellant is entitled to regular bail despite the seriousness of the kidnapping and murder charges
  • Whether the material on record is sufficient to justify denial of bail under the Bharatiya Nyaya Sanhita and the SC/ST Act

Legislation cited

Subjects

  • bail
  • kidnapping
  • murder
  • ransom
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • criminal appeal
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.1918 of 2026
                   Arising Out of PS. Case No.-77 Year-2025 Thana- Araria Sangram District- Madhubani
                 ======================================================
                 Md. Faiyajul Haque @ Md. Faiyazul Haque S/O Md. Mumtaz @ Mohmad
                 Mumataj R/O Village- Piprauliya, P.S.- Araria Sangram, Distt.- Madhubani.

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Shiv Kumar Chaupal S/O Late Sitaram Chaupal R/O Village- Araria, Ward
                 No.11, P.S.- Araria Sangram, Distt.- Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Ali Muqtadir Ahmad
                 For the Respondent/s    :        Mr.Usha Kumari 1
                 For the Informant       :        Ms. Richa Raj
                                                  Mr. Rohit Raj
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                       Heard learned counsel for the appellant and

                   learned Special Public Prosecutor for the State as well as

                   learned counsel appearing on behalf of the informant.

                               2. This appeal is preferred against the order dated

                   10.04.2026 passed by the learned District and Additional

                   Sessions Judge-I-cum-Special Judge, Madhubani in G.R. No.

                   1959 of 2025 in connection with Araria Sangram P.S. Case No.

                   77 of 2025, registered for offences punishable under Sections

                   140(2), 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   under Section 3(2)(v) of the SC/ST Act. By the aforesaid order,

                   the prayer for bail of the appellant has been rejected.

                               3. As per the prosecution case, the appellant and
          Patna High Court CR. APP (SJ) No.1918 of 2026(2) dt.30-06-2026
                                                       2/2




                    others are alleged to have kidnapped the victim boy and killed

                    him for ransom.

                                 4. It is submitted on behalf of the appellant that he is

                    innocent and has committed no offence. The appellant is in

                    custody since 20.10.2025

                                 5. The learned Spl. PP for the State and the learned

                    counsel for the informant have vehemently opposed the prayer

                    of the appellant.

                                 6. I have considered the submissions of the parties and

                    have gone through the records of the case. A 12-year-old boy

                    was kidnapped and ransom of Rs. 25 lakh was demanded and

                    upon non-fulfillment of the ransom amount the victim was

                    killed. During investigation, materials have come against the

                    appellant that he had participated in the alleged offence.

                                   7. Considering the gravity of the offence and the

                    materials available on record, I am not inclined to grant regular

                    bail to the appellant. Accordingly, this appeal stands dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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