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Patna High Court

Saif AlamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Regular bail was denied to the petitioners.

Summary

The Patna High Court considered two bail applications (Cr. Misc. Nos. 62541 and 62883 of 2025) filed by Saif Alam and his father Mushtak, who were accused of assaulting Sheikh Imtiyaz, resulting in his death. The FIR charges them under Sections 127(1), 115(2), 109 and 3(5) of the BNS. The court examined the seriousness of the offences, the gravity of the alleged homicide, and the fact that the petitioners had been in custody since 12 March 2025. Finding the offences grave and the circumstances unfavorable, the court rejected the petitioners’ prayers for regular bail. It directed the trial court to complete the trial within one year of receipt of the order.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 127(1), 115(2), 109 and 3(5) of the BNS given the seriousness of the assault leading to death.

Legislation cited

  • BNS — s. 109, 115(2), 127(1), 3(5)

Subjects

  • regular bail
  • assault
  • homicide
  • criminal procedure
  • trial expediting
  • serious offence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.62541 of 2025
                 Arising Out of PS. Case No.-65 Year-2025 Thana- RAMGARHWA District- East Champaran
                 ======================================================
                 Saif Alam S/o Sk. Mushtak @ Shekh Mustak Resident of Village-Belwa,
                 Piparpati, P.S.-Ramgharwa, District-East Champaran, Motihari.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 62883 of 2025
                 Arising Out of PS. Case No.-65 Year-2025 Thana- RAMGARHWA District- East Champaran
                 ======================================================
                 SK. Mushtak @ Shekh Mustak S/O SK. Sainulah Resident of Village- Belwa,
                 Piparpati, P.S.- Ramgarhwa, District-East Champaran, Motihari.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 62541 of 2025)
                 For the Petitioner/s     : Mr. Sharda Nand Mishra, Advocate
                                            Mr. Dhandev Kumar , Advocate
                                            Ms. Isha Mishra, Advocate
                 For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
                 For informant            : Mr. Rajesh Kumar , Advocate
                                            Mr. Manu Kumar , Advocate
                 (In CRIMINAL MISCELLANEOUS No. 62883 of 2025)
                 For the Petitioner/s     : Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   04-02-2026                      Re:- Cr. Misc. No. 62541 of 2025

                                   Heard learned counsel for the petitioner and the

                   State .

                               2. Petitioner seeks regular bail in case registered for

                   the offence punishable under Sections 127 (1) , 115 ( 2 ), 109
Patna High Court CR. MISC. No.62541 of 2025(3) dt.04-02-2026
                                            2/3




          and 3 (5) of BNS.

                        3 . Petitioner is one of the assailant of the deceased.

          As per F.I.R. this petitioner along with other co-accused persons

          assaulted the deceased ( Sheikh Imtiyaz) and during treatment

          he died.

                        4. Considering the aforesaid facts, seriousness and

          nature of accusation, gravity of offence and other circumstances

          of the case , the prayer of petitioner for regular bail is rejected.

          However, since petitioner is in custody since 12.03.2025 ,

          learned Trial Court is directed to expedite and conclude the trial,

          within the period of one year from the date of receipt/production

          of copy of this order.

                                  Re:- Cr. Misc. No. 62883 of 2025

                                   Heard learned counsel for the petitioner and

          the State .

                        2. Petitioner seeks regular bail in case registered for

          the offence punishable under Sections 127 (1) , 115 ( 2 ), 109

          and 3 (5) of BNS.

                        3 . Petitioner is one of the assailant of the deceased.

          As per F.I.R. this petitioner along with other co-accused persons

          assaulted the deceased ( Sheikh Imtiyaz) and during treatment

          he died.
            Patna High Court CR. MISC. No.62541 of 2025(3) dt.04-02-2026
                                                        3/3




                                   4. Considering the aforesaid facts, seriousness and

                      nature of accusation, gravity of offence and other circumstances

                      of the case , the prayer of petitioner for regular bail is rejected.

                      However, since petitioner is in custody since 12.03.2025 ,

                      learned Trial Court is directed to expedite and conclude the trial,

                      within the period of one year from the date of receipt/production

                      of copy of this order.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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