Patna High Court
Firoz Saffi @ Firoj SafiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioners, directing them to furnish bail bonds of Rs.10,000 each with two sureties.
Summary
Firoz Saffi and Rehana Khatoon were arrested in connection with a violent incident in which an informant and her husband were assaulted, the latter later dying from injuries. They were charged under Sections 191(2), 126(2), 115(2), 117(2), 103, 352 and 351(2) of the B.N.S. The petitioners contended that they were falsely implicated, had no specific allegations against them, possessed clean antecedents, and had been in custody since 19 July 2025 without risk of absconding or tampering with evidence. The State opposed bail, citing the seriousness of the offences. The Court, after weighing the lack of specific charges, the petitioners’ clean record and the duration of custody, ordered that they be released on regular bail upon furnishing a bond of Rs.10,000 each with two sureties. The order reflects the Court’s discretion to grant bail where the circumstances do not warrant continued detention.
Issues considered
- Whether regular bail should be granted to the accused under Sections 191(2), 126(2), 115(2), 117(2), 103, 352 and 351(2) of the B.N.S. given the nature of the alleged offences and the circumstances of their detention.
Legislation cited
- B.N.S. — s. 103, 115(2), 117(2), 126(2), 191(2), 351(2), 352
Subjects
- regular bail
- criminal procedure
- assault
- homicide
- B.N.S.
- Sections 191, 126, 115, 117, 103, 352, 351
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.612 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
1. Firoz Saffi @ Firoj Safi S/o Jabbar Safi R/o Village - Chandpatti Ward no. -
12, P.S.- Sursand, District - Sitamarhi
2. Rehana Khatoon W/o Firoj Safi @ Firoz Saffi R/o Village - Chandpatti Ward
no. - 12, P.S.- Sursand, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners seek regular bail in a case registered
under Sections 191(2), 126(2), 115(2), 117(2), 103, 352 and
351(2) of the B.N.S.
3. As per prosecution case, on the alleged date of
occurrence, the named accused persons including petitioners
hurled abuses to the informant and on protest, they assaulted the
informant. It is further alleged that when husband of informant
came to rescue her, the accused persons also assaulted him with
bamboo sticks and other weapons due to which he sustained
injuries thereafter during treatment he died.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.612 of 2026(3) dt.20-02-2026
2/2
case. The alleged occurrence took place on account of petty
dispute. There is general and omnibus allegation against seven
accused persons including petitioners. Both parties are gotia .
After investigation, the charge sheet has already been submitted
and there is no chance of absconding of the petitioners or
tampering with the evidence. There is no requirement of
petitioners for custodial interrogation. Petitioners are in jail
since 19.07.2025 having no criminal antecedent and they
undertake to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioners.
6. Considering the facts and circumstances of the case
and the facts that no specific allegation is levelled against the
petitioners, having clean antecedent and the period of custody
undergone by them, let the above named petitioners be released
on bail on furnishing bail bonds of Rs.10,000/- (rupees ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Pupri, Sitamarhi/concerned
court in connection with Sursand P.S. Case No.271 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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