Patna High Court
Md. Sarfaraj @ Md.Sarfaraj Ahmad @ Md. SarfarjversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the offences are grave and the trial is already in progress, warranting the petitioner’s continued custody.
Summary
The petitioner, Md. Sarfaraj Ahmad, was charged under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing indiscriminately at the brother of an informant, resulting in death. He applied for bail for the second time, having been in custody since 4 November 2024. The trial had already commenced with two of eight witnesses examined, and the charges had been framed. The court considered the seriousness of the offences, the fact that the trial was underway, and the risk of tampering with evidence. Relying on these factors, the court declined to revisit its earlier order and dismissed the bail application. Consequently, the petitioner remains in custody pending trial.
Issues considered
- Whether bail can be granted to an accused of murder, criminal conspiracy and illegal possession of arms after the trial has commenced
- Whether the seriousness of the offences and the stage of trial justify denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- arms act
- high court
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6272 of 2026
Arising Out of PS. Case No.-219 Year-2022 Thana- BALRAMPUR District- Katihar
======================================================
Md. Sarfaraj @ Md.Sarfaraj Ahmad @ Md. Sarfarj Son of Md. Siddique @
Siddik Resident Of Village- Kerora Police Station- Balrampur District-
Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Adv
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Balrampur
P.S.Case No. 219 of 2022 registered for the offence punishable
under Sections 302, 120B, 34 of the Indian Penal Code and
section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 07.05.2025 passed in Cr. Misc.
No.28210 of 2025, which reads as under:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Balrampur P.S.Case
No.219 of 2022 registered for the offence
Patna High Court CR. MISC. No.6272 of 2026(2) dt.12-02-2026
2/2
under section 302,120B/34 of the Indian
Penal Code and under section 27 of the
Act.
3. As per the prosecution case,
the petitioner and others are said to have
fired indiscriminately at the brother of the
informant due to which he died.
4. The petitioner is in jail since
04.11.2024.
5. Considering the serious
allegations levelled against the petitioner,
this Court is not inclined to grant bail to
the petitioenr.
6. Accordingly, this application
is dismissed.
4. Learned counsel for the petitioner submits that
the charge has been framed. It is further submits that out of 8
witnesses, 2 witnesses have been examined.
5. Considering the gravity of the offence and the
fact that the trial has started, I am not inclined to review my
earlier order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
N.K/-
U T
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