Patna High Court

Md. NaushadversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted regular bail to the petitioner on the condition of a bail bond and sureties.

Summary

The petitioner, Md. Naushad, sought regular bail for offences under Sections 103, 61(2) and 3(5) of the B.N.S., arising from the death of the informant's son. The prosecution alleged that the petitioner, father of co‑accused Md. Afroz, was involved in the killing, but there was no eye‑witness and the FIR was lodged two days after the body was recovered. The petitioner argued that he was falsely implicated, had a clean record, was about 60 years old, and was willing to cooperate with the trial. The State and the informant opposed bail, citing the seriousness of the charges. Considering the lack of direct evidence, the petitioner’s clean antecedent and the period already spent in custody, the court ordered bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the B.N.S.
Whether the absence of eye‑witnesses and the delay in filing the FIR justify granting bail

Legislation cited

B.N.S. — s. 103, 3(5), 61(2)

Subjects

regular bail
criminal procedure
clean antecedent
suspicion
B.N.S. sections 103, 61(2), 3(5)
murder
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.408 of 2026
                    Arising Out of PS. Case No.-135 Year-2025 Thana- SANGRAMPUR District- Munger
                 ======================================================
                 Md. Naushad S/O Late Md. Rabid R/O Village-Koraji, PS- Sangrampur,
                 Distt-Munger.
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Surya Narayan Sah, Advocate
                 For the State             :      Mr. Lalan Kumar, APP
                 For the Informant         :      Mr. Subodh Kumar Jha, Advocate
                                                  Mr. Sarveshwar Tiwary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   23-02-2026                          Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Sangrampur P.S. Case No. 135 of 2025 for the offences registered

                   under Sections 103, 61(2), 3(5) of the B.N.S.

                                 3. As per the prosecution case, on 11.08.2025 son of the

                   informant left his shop and thereafter he went missing. On

                   13.08.2025, dead body of the son of informant was recovered from

                   the Tauri river. Informant suspected that the petitioner along with

                   F.I.R. named accused persons might have killed his son as co-

                   accused Md. Afroz had threatened to kill his son.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case

                   only on the basis of suspicion. Petitioner is the father of co-

                   accused Md. Afroz. Allegation against Md. Afroz is that he had
              Patna High Court CR. MISC. No.408 of 2026(3) dt.23-02-2026
                                                          2/2




                        threatened to kill the son of the informant. There is no eye-witness

                        to the occurrence. It is further submitted that the deceased was

                        missing since 11.08.2025 and his body was recovered on

                        13.08.2025 but the F.I.R. was lodged on 15.08.2025 without any

                        explanation. Charge-sheet has already been submitted against the

                        petitioner. Petitioner is aged about 60 year having no criminal

                        antecedent. He is in judicial custody since 22.08.2025. Petitioner

                        undertakes to co-operate in the trial.

                                     5. Learned counsel appearing on behalf of the State and

                        learned counsel for the informant oppose the prayer for grant of

                        bail to the petitioner.

                                     6. Considering the submissions made on behalf of the

                        parties, facts and circumstances of the case, clean antecedent and

                        period of custody undergone by the petitioner, let the petitioner,

                        named above, be enlarged on bail upon furnishing bail bond of Rs.

                        10,000/- (Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of learned Additional Chief Judicial

                        Magistrate IV, Munger in connection with Sangrampur P.S. Case

                        No. 135 of 2025.


                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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