Patna High Court
Md. Faiyajul Haque @ Md. Faiyazul HaqueversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 140(2), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v)
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/-
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