Patna High Court
Md. SubhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed; the petitioner is not entitled to bail.
Summary
The petitioner, Md. Subhan, applied for regular bail in a murder case (PS Case No.126 of 2024) under sections 103 and 3(5) of the B.N.S., 2023. The prosecution alleged that he, along with others, brutally killed the deceased by stabbing and strangulation, and material evidence linked him to the crime. The petitioner argued that he was not named by a co‑accused and that witnesses would be produced after charge‑framing, seeking bail after being in custody since 18‑12‑2024. The Court noted that the charge had already been framed and, given the seriousness of the offence and the material against the petitioner, declined to revisit its earlier order rejecting bail. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure witness attendance in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charge being framed and the seriousness of the offence under sections 103 and 3(5) of the B.N.S., 2023
Legislation cited
- B.N.S., 2023 — s. 103, 3(5)
Subjects
- regular bail
- charge framed
- gravity of offence
- B.N.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1411 of 2026
Arising Out of PS. Case No.-126 Year-2024 Thana- MANSAHI District- Katihar
======================================================
Md. Subhan S/o Md. Abdul @ Md. Abul R/o Village - Hawamahal,
Sharifganj, Ward No. 42, P.S.- Muffasil, District - Katihar
... ... Petitioner
Versus
1. The State of Bihar
2. Md. Ashraf S/o Md. Idrish R/o Village - Hawamahal, Sharifganj, Ward No.
42, P.S - Muffasil, District - Katihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Pravin Chandra Prasad, Advocate
For the State : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Mansahi
P.S. Case No.126 of 2024 registered for the offence under
sections 103 and 3(50 of the B.N.S., 2023.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 23.07.2025 passed in Criminal
Miscellaneous No.17794 of 2025. The aforesaid order dated
23.07.2025 reads as under:-
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
Patna High Court CR. MISC. No.1411 of 2026(2) dt.12-02-2026
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connection with Mansahi P.S. Case No. 126 of
2024 registered for the offence under Sections
103 and 3(5) of the BNS.
3. As per the prosecution case, the
petitioner and others are accused of brutally
killing the deceased by stabbing and
strangulating him. During investigation
materials have come to connect the petitioner
with the crime.
4. Learned counsel for the petitioner
submits that the petitioner has not named by
the co-accused in para 100 of the case diary.
Learned counsel for the petitioner also submits
that the informant will produce the witnesses
on the date fixed in the trial after framing of
charge so that the trial will conclude.
Petitioner is in custody since 18.12.2024.
5. Learned counsel for the informant
has vehemently opposed the prayer for bail
and has submitted that all the accused persons
have brutally killed the deceased.
6. Considering the brutal murder of the
deceased and the materials available against
the petitioner, I am not inclined to grant bail to
the petitioner. Accordingly, this application for
regular bail is hereby rejected.
7. If the trial is delayed by the
prosecution, the petitioner may renew his
prayer for bail.”
4. It has been submitted by learned counsel for
the petitioner that in the trial the charge has been framed.
5. Considering the gravity of offence and also
Patna High Court CR. MISC. No.1411 of 2026(2) dt.12-02-2026
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the fact that the charge has been framed in the trial, I am not
inclined to review my earlier order dated 23.07.2025.
Accordingly, this bail application is dismissed.
6. The Superintendent of Police, Katihar is
directed to ensure the presence of the witnesses in the trial.
(Sandeep Kumar, J)
pawan/-
U T
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