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Patna High Court

Md. SubhanversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                          3/3




                        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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