Patna High Court

Md. FirdoshversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.

Summary

Md. Firdosh was arrested in connection with the murder of an informant's son, whose body was recovered from the Tauri river. The prosecution alleged that Firdosh, along with co‑accused, was involved, citing Sections 103, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, there were no eyewitnesses, the FIR was lodged two days after the body was found, and a similarly situated co‑accused had already been granted bail. The State and the informant opposed bail, arguing the seriousness of the offences. After considering the delay in filing the FIR, lack of direct evidence, and the precedent of bail to a co‑accused, the Court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to the satisfaction of the ACJM‑IV, Munger.

Issues considered

Whether the petitioner is entitled to bail under the Bhartiya Nyaya Sanhita, 2023 for offences of murder, attempt and abetment despite the seriousness of the charges.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 103, 3(5), 61(2)

Subjects

bail
murder
criminal procedure
Bhartiya Nyaya Sanhita
suspicion
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9974 of 2026
                    Arising Out of PS. Case No.-135 Year-2025 Thana- SANGRAMPUR District- Munger
                 ======================================================
                 Md. Firdosh Son of Md. Naushad Resident Of Village- Koraji, Ps-
                 Sangrampur, Dist- Munger
                                                                    ... ... Petitioner
                                            Versus
                 The State of Bihar
                                                             ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Surya Narayan Sah
                                                 Mr.Sunil Kumar Pathak
                 For the Opposite Party/s :      Mr.Ram Sumiran Rai
                 For the Informant :             Mr. Pranav Kumar Jha
                                                 Mr. Sarveshwar Tiwary
                                                 Mr. Chandra Mohan Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   01-04-2026                   Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioner seeks bail in connection with

                   Sangrampur P.S. Case No. 135 of 2025, registered for the

                   offence under Sections 103, 61(2) and 3(5) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, on 11.08.2025, son of

                   the informant left his shop and thereafter went missing. On

                   13.08.2025, dead body of the son of informant was recovered

                   from the Tauri river. Informant suspected that the petitioner

                   along with F.I.R. named accused persons might have killed his

                   son as co-accused Md. Afroz had threatened to kill his son.
Patna High Court CR. MISC. No.9974 of 2026(4) dt.01-04-2026
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                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case only on the basis of suspicion. The allegation of having

          threatened to kill the son of the informant is against co-accused

          Md. Afroz. There is no eye-witness to the occurrence. It is

          further submitted that the deceased was missing since

          11.08.2025 and his body was recovered on 13.08.2025, but the

          F.I.R. was lodged on 15.08.2025 without any explanation.

          Charge-sheet has already been submitted against the petitioner.

          Petitioner is in judicial custody since 22.08.2025. and he

          undertakes to co-operate in the trial. It is further submitted that

          similarly situated co-accused persons Md. Naushad has been

          granted the privilege of bail by a coordinate Bench of this Court

          by order dated 23.02.2026 passed in Cr. Misc. No. 408 of 2026.

                       5. Learned counsel appearing on behalf of the State

          and learned counsel for the informant vehemently opposed the

          prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the case

          and the parity, 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.C.J.M.-IV, Munger, in connection with Sangrampur
          Patna High Court CR. MISC. No.9974 of 2026(4) dt.01-04-2026
                                                      3/3




                    P.S. Case No. 135 of 2025.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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