Md. Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1411 of 2026 Arising Out of PS. Case No.-126 Year-2024 Thana- MANSAHI District- Katihar ====================================================== Md. Subhan S/o Md. Abdul @ Md. Abul R/o Village - Hawamahal, Sharifganj, Ward No. 42, P.S.- Muffasil, District - Katihar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Md. Ashraf S/o Md. Idrish R/o Village - Hawamahal, Sharifganj, Ward No. 42, P.S - Muffasil, District - Katihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Pravin Chandra Prasad, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is the second attempt on behalf of the petitioner for grant of regular bail in connection with Mansahi P.S. Case No.126 of 2024 registered for the offence under sections 103 and 3(50 of the B.N.S., 2023.

3.

Earlier, the bail of the petitioner was rejected by this Court vide order dated 23.07.2025 passed in Criminal Miscellaneous No.17794 of 2025. The aforesaid order dated 23.07.2025 reads as under:- "Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in

Patna High Court CR. MISC. No.1411 of 2026(2) dt.12-02-2026 2/3 connection with Mansahi P.S. Case No. 126 of 2024 registered for the offence under Sections 103 and 3(5) of the BNS.

3. As per the prosecution case, the petitioner and others are accused of brutally killing the deceased by stabbing and strangulating him. During investigation materials have come to connect the petitioner with the crime.

4. Learned counsel for the petitioner submits that the petitioner has not named by the co-accused in para 100 of the case diary. Learned counsel for the petitioner also submits that the informant will produce the witnesses on the date fixed in the trial after framing of charge so that the trial will conclude. Petitioner is in custody since 18.12.2024.

5. Learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that all the accused persons have brutally killed the deceased.

6. Considering the brutal murder of the deceased and the materials available against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, this application for regular bail is hereby rejected.

7. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail."

4.

It has been submitted by learned counsel for the petitioner that in the trial the charge has been framed. 5.

Considering the gravity of offence and also

Patna High Court CR. MISC. No.1411 of 2026(2) dt.12-02-2026 3/3 the fact that the charge has been framed in the trial, I am not inclined to review my earlier order dated 23.07.2025. Accordingly, this bail application is dismissed. 6.

The Superintendent of Police, Katihar is directed to ensure the presence of the witnesses in the trial. (Sandeep Kumar, J) pawan/- U T