Patna High Court
Md. Sarfaraz @ Syed Sarfaraz Ahmad @ Md. Sarfaraz Alam @ Md. Sarfaraz AhmadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that bail could not be granted at this stage and dismissed the bail application.
Summary
The petitioner, Md. Sarfaraz, was arrested in connection with a case involving multiple IPC offences (including sections 147, 148, 149, 448, 341, 323, 504, 354, 307, 379 and 506) and had been in custody for nearly four years. He filed a criminal miscellaneous application under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail after three earlier bail applications were rejected. The petitioner alleged that the prosecution was causing unnecessary delay, while the informant contended there was no such delay. The High Court examined the claim of delay, directed the trial court to conclude arguments and pass a final order within 60 days, and ultimately refused to grant bail. The court, however, allowed the petitioner to move a fresh bail application if any undue delay occurs in the future.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the alleged delay in trial.
- Whether the prosecution’s conduct amounts to an unnecessary delay that warrants the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483, 484
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 354, 379, 448, 504, 506
Subjects
- bail
- criminal procedure
- trial delay
- IPC offences
- Bharatiya Nagarik Suraksha Sanhita
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1227 of 2026
Arising Out of PS. Case No.-71 Year-2020 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
Md. Sarfaraz @ Syed Sarfaraz Ahmad @ Md. Sarfaraz Alam @ Md. Sarfaraz
Ahmad S/o Syed Sirajuddin @ Late Sirajuddin Resident of Village-
Chadihari, P.S.- Sheikhpura, Dist.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, APP
For the Informant : Mr. Dhirendra Kumar Sinha, Advocate
Ms. Soni Kumari, Advocate
Mr. Amrit Lal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
5 24-04-2026 Heard learned Counsel for the petitioner, learned
Counsel for the Informant and learned APP for the State.
2. The present criminal miscellaneous application
has been filed under Sections 483 and 484 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
‘the BNSS, 2023’) for grant of regular bail to the petitioner,
who is in custody in connection with S.T. No.34 of 2023,
arising out of Sheikhpura Sarai P.S. Case No. 71 of 2020,
lodged on 28.09.2020, under Sections 147/148/149/448/341/
323 /504 /354/307/379/506 of the I.P.C, pending in the Court
Patna High Court CR. MISC. No.1227 of 2026(5) dt.24-04-2026
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of learned Principal District & Sessions Judge, Sheikhpura.
3. Earlier bail applications of the petitioner were
rejected thrice vide Cr. Misc. No.61116 of 2022 dated
22.02.2023, Cr. Mics. No.39798 of 2024 dated 31.07.2024
and Cr. Misc. No.23149 of 2025.
4. Learned Counsel for the petitioner submits that
petitioner is in custody since 30.08.2022 near about four
years. He submits that it is the prosecution who is
unnecessarily making delayed the trial either one pretext or
other.
5. Learned Counsel for the informant, on the other
hand, submits that there is no delay from the part of the
prosecution or the informant.
6. From the report, it transpires to this Court that the
case is fixed for arguments. Both parties are directed to
continue the argument and conclude the same within a period
of 60 days. The Trial Court is further directed to pass final
order within the said period.
7. In the aforesaid background, I am not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail
stands rejected.
8. It is made clear that in the event of any
Patna High Court CR. MISC. No.1227 of 2026(5) dt.24-04-2026
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unnecessary delay in the proceedings, liberty is granted to the
petitioner to move afresh for bail.
(Dr. Anshuman, J)
Mkr./-
U T
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