Patna High Court

Md. FakhruddinversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied because the nature of the accusations involving violent assault and multiple serious offences did not justify release on bail.

Summary

The petitioner, Md. Fakhruddin, was arrested on 7 July 2025 in connection with an alleged assault on a deceased person using a knife. The FIR charges him under multiple sections of the B.N.S., including Sections 126(2), 115(2), 118(1), 76, 303(2), 352, 351(3) read with 3(5), and later added Section 103(2). He applied for bail before the High Court, arguing that he had been in custody for several months. The Court examined the seriousness of the offences, noting that they involve violent assault and other grave crimes, and concluded that the nature of the accusations does not merit the grant of bail. Consequently, the bail petition was rejected, but the Court directed the trial court to expedite the trial given the petitioner’s prolonged detention.

Issues considered

Whether the petitioner is entitled to bail for the offences charged under Sections 126(2), 115(2), 118(1), 76, 303(2), 352, 351(3) r/w 3(5) and 103(2) of the B.N.S.
Whether the seriousness of the alleged assault warrants denial of bail

Legislation cited

B.N.S. — s. 103(2), 115(2), 118(1), 126(2), 303(2), 351(3) r/w 3(5), 352, 76

Subjects

bail
criminal procedure
assault with knife
serious offences
trial expeditious

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.69750 of 2025
                           Arising Out of PS. Case No.-182 Year-2025 Thana- JOKIHAT District- Araria
                    ======================================================
                    Md. Fakhruddin S/o Salim R/o village- Gogra, Ward No- 13, P.S- Jokihat ,
                    District- Araria
                                                                             ... ... Petitioner/s
                                                    Versus
                    The State of Bihar
                                                                      ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :        Mr.Saket Anand
                    For the Opposite Party/s :        Mrs.Asha Devi
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

4      27-01-2026                     Heard learned counsel for the petitioner and learned

                      A.P.P. for the State

                                   2. The petitioner seeks bail in a case registered for

                      offence under Sections 126(2), 115(2), 118(1), 76, 303(2), 352,

                      351(3) r/w 3(5) of the B.N.S. and later on, Section 103(2) of

                      B.N.S. was added.

                                   3. As per F.I.R., petitioner is one of the assailant of the

                      deceased and is alleged to have assaulted the deceased with

                      knife.

                                   4. Considering the nature of accusation, the prayer

                      for bail of petitioner is rejected. However, since petitioner is in

                      custody since 07.07.2025, the learned trial court is directed to

                      expedite the trial.


                                                        (Prabhat Kumar Singh, J)
anay

U        T

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