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Patna High Court

Sadhik Ahmad @ Ahmad @ SafiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.81726 of 2025(3) dt.27-01-2026
                                                        3/3




                      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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