Patna High Court
Md Solkhi @ Md SohelversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is rejected.
Summary
The petitioner, Md Solkhi, applied for regular bail in a case registered under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, relating to the alleged murder of a deceased person. He claims innocence, stating that he only witnessed the other three accused assaulting the victim and did not participate in the crime. The State opposed the bail, arguing the seriousness of the offence and the commencement of trial. The Court observed that if the petitioner truly saw the assault, his natural response would have been to intervene, which was not evident. Consequently, the Court was not convinced of his non‑involvement and declined to grant regular bail, rejecting the application.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged non‑participation in the offence.
- Whether the commencement of trial and seriousness of the charges under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita preclude bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5)
Subjects
- regular bail
- criminal law
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3(5)
- bail jurisprudence
- trial commenced
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39813 of 2025
Arising Out of PS. Case No.-126 Year-2024 Thana- MANSAHI District- Katihar
======================================================
Md Solkhi @ Md Sohel S/o Md Nurwa R/o- Hawa Mahal, Sharifganj,
Kantnagar Tola, Ward no 42, P.S.- Muffasil, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh
For the Opposite Party/s : Mr. Syed Ehteshamuddin
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 16-02-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Mansahi P.S. Case No. 126 of 2024 registered for the offence
under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The petitioner and three others are named in the
FIR who are said to have called the deceased and thereafter, the
dead body of the deceased was found on next day.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 17.12.2024. He further submits
that the petitioner saw the other three accused persons assaulting
Patna High Court CR. MISC. No.39813 of 2025(7) dt.16-02-2026
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the deceased and he is not involved in the crime.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties. I
am not convinced with the submission of the learned counsel for
the petitioner. If the petitioner was not involved in the
commission of the crime and saw the other accused persons
assaulting the deceased then the natural conduct of the petitioner
would have been to oppose the assault and to raise halla to
protect the deceased but the same is absent.
7. Considering the aforesaid facts and the fact that the
trial has started, this Court is not inclined to grant regular bail to
the petitioner. Accordingly, this application for regular bail
stands rejected.
(Sandeep Kumar, J)
Shishir/-
U
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