Patna High Court
Md. SarfarajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner.
Summary
The petitioner, Md. Sarfaraj, was charged under Sections 61(2), 109 and 103(1) of the BNS and Section 27 of the Arms Act for allegedly assaulting a deceased person. He had been in custody since 25 July 2025 and applied for regular bail. The petitioner’s counsel argued that he was innocent and that one of the five trial witnesses, who claimed to have seen the offence, had turned hostile, warranting bail. The court noted that the trial was ongoing, considered the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC OnLine SC 3539), and concluded that the circumstances did not justify granting bail. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 61(2), 109, 103(1) of the BNS and Section 27 of the Arms Act.
- Whether the turning hostile of an eyewitness affects the grant of bail.
- Whether the Supreme Court precedent in X v. State of Rajasthan (2024) is applicable to deny bail.
Legislation cited
Subjects
- regular bail
- criminal procedure
- witness hostility
- Arms Act
- Supreme Court precedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18306 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Md. Sarfaraj S/o Md. Nasim Resident of village- Dhusmar, P.S.- Muffasil,
District- Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimal Kumar
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-06-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
S.T. No. 34 of 2026 arising out of Katihar Muffasil P.S. Case
No. 147 of 2025 registered for the offence under Sections 61(2),
109, 103(1) of the BNS and under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is alleged
to be the assailant of the deceased.
4. The petitioner is in custody since 25.07.2025.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and in the trial five witnesses have been
examined. He next submits that out of five witnesses, one
witness, who claims to be the eye witness of the offence, has
turned hostile and therefore, the petitioner deserves bail.
6. Considering the fact that the trial is progressing and
Patna High Court CR. MISC. No.18306 of 2026(5) dt.25-06-2026
2/2
also considering the Judgment of the Hon’ble Supreme Court in
the case of X Vs. State of Rajasthan and Anr. reported in 2024
SCC OnLine SC 3539, this Court is not inclined to grant bail to
the petitioner.
7. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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