Patna High Court
SK. Mushtak @ Shekh MustakversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied regular bail to the petitioners.
Summary
The petitioners, Saif Alam and SK Mushtak, applied for regular bail in two criminal miscellaneous cases (Nos. 62541 and 62883 of 2025) arising from an FIR alleging that they assaulted Sheikh Imtiyaz, who later died while receiving treatment. The offences alleged are punishable under Sections 127(1), 115(2), 109 and 3(5) of the BNS. The High Court examined the seriousness of the allegations, the gravity of the offence and the circumstances of the case. It concluded that the nature of the accusations warranted denial of bail. Consequently, the court rejected the bail applications but directed the trial court to complete the trial within one year of receipt of the order, noting that the petitioners have been in custody since 12‑03‑2025.
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
- expedited trial
- BNS
- Section 127
- Section 115
- Section 109
- Section 3(5)
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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