Patna High Court
SerajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail must be granted to the petitioner.
Summary
The petitioner, Seraj, was charged under Sections 302, 201, 120B and 34 of the Indian Penal Code for a alleged murder case (PS Case No. 371 of 2023). He had been in custody since 6 September 2023 and earlier bail was denied on 25 October 2024. The petitioner contended that the deceased died in a train accident and that he was falsely implicated, emphasizing his clean criminal record. The State opposed bail, arguing the seriousness of the offences. Considering the petitioner’s lack of antecedents, the length of pre‑trial detention, and the absence of a concluded trial, the Court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted to an accused charged with murder, abetment of suicide, criminal conspiracy and common intention, given the gravity of the offences and the period of pre‑trial custody.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- bail
- Indian Penal Code
- murder
- criminal conspiracy
- pre‑trial detention
- court discretion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68203 of 2025
Arising Out of PS. Case No.-371 Year-2023 Thana- RIGA District- Sitamarhi
======================================================
Seraj S/o- Md. Mumtaj @ Md. Mumtaj Ali Village- Sonapatti Ward No-10 PS
and District-Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dinesh Jha, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 201, 120B and 34 of the
Indian Penal Code.
3. Earlier, the prayer for grant of bail of the petitioner
was rejected by this Court vide order dated 25.10.2024 passed in
Cr. Misc. No. 28331 of 2024.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
As a matter of fact, the deceased died in a train accident and
petitioner has falsely been implicated in this case merely on
suspicion. It is further submitted that till date, trial has not been
concluded and the case is still running for prosecution evidence.
Patna High Court CR. MISC. No.68203 of 2025(3) dt.30-01-2026
2/2
Petitioner has got no criminal antecedents and he is in custody
since 06.09.2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, period of custody and clean antecedents of the petitioner,
the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.D.J.-II, Sitamarhi in connection with
Riga P.S. Case No. 371 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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