Patna High Court
Md. Fazi @ Md. PhaijiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
The court denied bail, holding that the confessional statement and supporting forensic evidence justified the continued detention of the accused.
Summary
The petitioners, three residents of Bhataura village, were arrested in connection with the murder of Dilshad (Muskan) under Sections 103(2), 61(2) and 238 of the Bharatiya Nyay Sanhita, 2023. They applied for bail, claiming they were falsely implicated and that the FIR was based only on the suspicion of the informant and a confessional statement of one co‑accused, Md. Faizi. The State opposed bail, relying on the confessional statement in which Faizi admitted guilt and identified the other accused, the recovery of the weapon (tangari) from a pond, and the post‑mortem report supporting the charge. The Court examined the material evidence and found the confessional statement and forensic evidence sufficient to justify continued detention. Consequently, the Court refused the bail application, ordering the petitioners to remain in custody. The decision underscores the weight given to a voluntary confession and corroborative forensic evidence in serious offences.
Issues considered
- What is the appropriate discretion of the court in granting bail for an offence punishable under Sections 103(2), 61(2) and 238 of the Bharatiya Nyay Sanhita, 2023?
- Does the confessional statement of a co‑accused, corroborated by forensic evidence, preclude the grant of bail to the other accused?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(2), 238, 61(2)
Subjects
- bail
- murder
- confessional statement
- Bharatiya Nyay Sanhita
- criminal procedure
- judicial custody
- forensic evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57144 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- BISFI District- Madhubani
======================================================
Md. Salamat son of Mohiuddin Resident of Village- Bhataura, P.S.- Bisfi,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 59723 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- BISFI District- Madhubani
======================================================
Md. Fazi @ Md. Phaiji S/O Safi Ahmad Resident of Village- Bhataura, P.S.-
Bisfi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 65063 of 2025
Arising Out of PS. Case No.-41 Year-2025 Thana- BISFI District- Madhubani
======================================================
Md. Rizwan @ Rizwan S/O Md. Harun Marhum @ Harun R/O Village-
Bhataura, P.S- Bisfi, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 57144 of 2025)
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
(In CRIMINAL MISCELLANEOUS No. 59723 of 2025)
For the Petitioner/s : Mr. Madhubala Verma, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 65063 of 2025)
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
: Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
Patna High Court CR. MISC. No.57144 of 2025(4) dt.17-03-2026
2/3
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 17-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail, who is in custody since
13.03.2025, in connection with Bisfi P.S. Case No. 41 of 2025,
FIR dated 09.03.2025 registered for the offence under Sections
103(2), 61(2), 238 of the Bharatiya Nyay Sanhita, 2023.
3. Accordingly to the prosecution case, the informant
suspects the involvement of the petitioners in killing his son,
namely, Dilshad @ Muskan
4. Learned counsel appearing for the petitioners
submits that the petitioners are innocent and they have falsely
been implicated in this case. From bare perusal of the FIR it
appears that informant is not the eye witness of the alleged
occurrence and the informant has disclosed the name of the
petitioners on the basis of suspicion and name of the petitioners
have been transpired on the basis of confessional statement of
one of the petitioner namely, Md. Faizi and except the aforesaid,
no other cogent material has come during investigation which
suggest the involvement of the petitioners in the present
occurrence and the petitioners are rotting in judicial custody
since 13.03.2025.
Patna High Court CR. MISC. No.57144 of 2025(4) dt.17-03-2026
3/3
5. Learned learned A.P.P. for the State, on the other
hand, has vehemently opposed the prayer for bail of the
petitioners and submits that the confessional statement of the
petitioner namely, Md. Faizi was recorded in paragraph no.27 of
the case diary in which he has accepted his guilt in the present
occurrence and he has also disclosed that other petitioners have
also assaulted the deceased by means of Tangari and after the
occurrence they have thrown the dead body of the deceased in
the pokhra which was recovered on the next day of the
occurrence and on the basis of confessional statement of Md.
Faizi, the tangari which was used in the present crime in
question was found from the Nanhe Pokhra and apart from that
the medical evidence (post-mortem report) also supports the
allegation as alleged in the FIR.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioners on bail in
connection with Bisfi P.S. Case No. 41 of 2025 pending in the
Court of A.C.J.M., Benipatti, Madhubani.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
Checking your session…