Patna High Court

Md. Safuddin @ Md. SarfuddinversusThe State of Bihar

Decided: 1 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Safuddin, sought regular bail in a criminal miscellaneous case involving multiple offences under the BNS. The prosecution alleged that the petitioner participated in an assault with an iron rod and was implicated in the death of Md. Dilshad, who allegedly fell into a water‑filled ditch after losing control of his bike. The petitioner’s counsel argued that the death was accidental, the second part of the FIR was falsified, and the petitioner had no criminal antecedents, having been in custody since 23‑12‑2025. The State opposed bail, contending the seriousness of the charges. After hearing both sides, the court found merit in the petitioner’s arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the A.C.J.M.‑I. The bail was granted, effectively disposing of the petition.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the charges under sections 126(2), 127(2), 115(2), 109, 191(2), 191(3), 352, 351(2), 324(4), 103 and 3(5) of the BNS.

Subjects

regular bail
criminal miscellaneous
FIR
investigation
omnibus allegation
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20685 of 2026
                      Arising Out of PS. Case No.-560 Year-2025 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Md. Safuddin @ Md. Sarfuddin S/o- Late Md. Jawar @ Md. Jabbar Resident
                 of village- Srichandarpur, P.S.- Harnaut, Distt.- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   127(2), 115(2), 109, 191(2), 191(3), 352, 351(2), 324(4), 103

                   and 3(5) of BNS.

                                3. The case of the prosecution is that one Sonu has

                   assaulted with iron rod on the head of the informant’s son. After

                   this, the nature of allegation is general and omnibus. In second

                   part of the FIR, it is stated that when Md. Shaukat was coming

                   home with the injured, namely, Md. Dilshad by bike, the injured

                   was being assaulted by petitioner and others and he died at the

                   spot.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20685 of 2026(2) dt.01-04-2026
                                            2/3




          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          order of the learned trial court, it will transpire that as far as

          second part of FIR is concerned, it has come during

          investigation that there was a ditch near place of occurrence and

          as the deceased has lost control over his bike, he fell in the ditch

          which was filled with water. During postmortem, the cause of

          death was head injury and this goes to show that second part of

          the allegation in which, it is alleged that Md. Dilshad was being

          killed by the petitioner and others, is falsified during

          investigation. In first part of the FIR, there is direct allegation

          against Sonu and the nature of allegation against this petitioner

          is general and omnibus. A statement has been made in para-3 of

          this petition that the petitioner has got no criminal antecedent.

          Moreover, he is languishing in judicial custody since

          23.12.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with
            Patna High Court CR. MISC. No.20685 of 2026(2) dt.01-04-2026
                                                        3/3




                      Harnaut P.S. Case No. 560 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M.-I, Biharsharif,

                      Nalanda.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T

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