Patna High Court
Md. Saroof @ Mohammad SarufversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary and personal conditions.
Summary
The petitioner, Md. Saroof, sought regular bail in a case registered under Sections 137(2), 140(3), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, after being in judicial custody since July 5, 2025. This was his second bail application, the first having been rejected by the same court. Counsel argued that the petitioner had only one prior criminal antecedent, the charge‑sheet had been filed, but no charges were framed nor witnesses examined, and that the trial was unlikely to conclude within four months. The State opposed the bail. Considering the prolonged custody and lack of trial progress, the court granted bail subject to a cash bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether the petitioner is entitled to bail under the Bharatiya Nyaya Sanhita given the nature of the offences and the pendency of the trial.
- Whether the prolonged pre‑trial detention without framing of charges or examination of witnesses warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(3), 183, 3(5), 351(2), 352
Subjects
- bail
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- criminal procedure
- sections 137, 140, 351, 352
- victim statement
- judicial custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35899 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Md. Saroof @ Mohammad Saruf S/o Md. Mosleem @ Md. Muslim Resident
of Village-Sahatha, P.o and P.S-Bhagwanpur, District-Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Archana Singha, Sr. Advocate
Mr. Alok Kumar Shahi, Advocate
Ms. Nisha Kumari, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhagwanpur P.S. Case No. 176 of 2025, instituted for the
offences under Sections 137(2), 140(3), 351(2), 352 and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
18.11.2025 passed in Cr. Misc. No. 73892 of 2025 taking into
consideration the facts and circumstances of the case as also
statement of the victim recorded under Section 183 of BNSS.
Patna High Court CR. MISC. No.35899 of 2026(2) dt.03-07-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 05.07.2025
without any rhymes or reason and has got one criminal
antecedent. Learned counsel for the petitioner next submits that
previously liberty was granted to the petitioner to renew his
prayer for grant of bail before the learned Trial Court if the trial
is not concluded within a period of four months. It is further
submitted that charge-sheet has been submitted and neither
charge has been framed nor any witnesses have been examined
in this case.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwanpur P.S.
Case No. 176 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.35899 of 2026(2) dt.03-07-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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