Patna High Court
Sadhik Ahmad @ Ahmad @ SafiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Sadhik Ahmad, was arrested on 7 August 2025 in connection with a murder case (PS Case No. 144 of 2025) under Sections 108, 82(1), 85 and 3(5) of the BNS, 2023. The prosecution alleged that the petitioner, along with others, killed the informant's daughter, while the petitioner claimed he was falsely implicated and that the deceased had committed suicide. He asserted a clean antecedent and that the FIR was fabricated because he was merely the husband of the deceased. The petitioner applied for bail, and the State opposed the application. The court, after considering the charges and the petitioner's claims, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the BNS, 2023.
- Whether the allegations in the FIR constitute a false or fabricated case against the petitioner.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
Legislation cited
- BNS, 2023 — s. 108, 3(5), 82(1), 85
Subjects
- bail
- false implication
- criminal antecedent
- murder
- suicide
- BNS 2023
- High Court of Patna
- sections 108, 82(1), 85, 3(5)
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81726 of 2025
Arising Out of PS. Case No.-144 Year-2025 Thana- NATHNAGAR District- Bhagalpur
======================================================
Sadhik Ahmad @ Ahmad @ Safi Son of Late Fazal Shamim Resident of
Mohalla- Narga Bazar Narga, P.S.- Nathnagar, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Ranjan Kumar Jha, learned counsel for
the petitioner and Mr. Ahmad Ali, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.08.2025 in connection with Nathnagar P.S. Case No. 144 of
2025, F.I.R. dated 17.05.2025 for the offences punishable under
Sections 108, 82(1), 85 and 3(5) of the BNS, 2023.
3. According to prosecution case, the informant
suspects that all the accused persons including this petitioner
have killed his daughter.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.81726 of 2025(3) dt.27-01-2026
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any offence as alleged in the F.I.R. The petitioner has been made
accused merely on the ground that he is husband of the
deceased. It appears from the F.I.R itself that the petitioner has
performed marriage with the deceased 13 years ago prior to the
alleged occurrence. In fact, the deceased has committed suicide
herself. He further submits that the police after investigation
submitted the charge sheet under Sections 108, 82(1), 85 and
3(5) of the BNS, 2023 against the petitioner. The petitioner is in
custody since 07.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the chargesheet has been submitted under Sections 108,
82(1), 85 and 3(5) of the BNS, 2023, let the petitioner, above
named, 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 the learned J.M. 1st Class cum A.M.-
VI, Bhagalpur in connection with Nathnagar P.S. Case No. 144
of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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