Md. Safuddin @ Md. Sarfuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20685 of 2026 Arising Out of PS. Case No.-560 Year-2025 Thana- HARNAUT District- Nalanda ====================================================== Md. Safuddin @ Md. Sarfuddin S/o- Late Md. Jawar @ Md. Jabbar Resident of village- Srichandarpur, P.S.- Harnaut, Distt.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126(2), 127(2), 115(2), 109, 191(2), 191(3), 352, 351(2), 324(4), 103 and 3(5) of BNS.

3. The case of the prosecution is that one Sonu has assaulted with iron rod on the head of the informant's son. After this, the nature of allegation is general and omnibus. In second part of the FIR, it is stated that when Md. Shaukat was coming home with the injured, namely, Md. Dilshad by bike, the injured was being assaulted by petitioner and others and he died at the spot.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20685 of 2026(2) dt.01-04-2026 2/3 petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the order of the learned trial court, it will transpire that as far as second part of FIR is concerned, it has come during investigation that there was a ditch near place of occurrence and as the deceased has lost control over his bike, he fell in the ditch which was filled with water. During postmortem, the cause of death was head injury and this goes to show that second part of the allegation in which, it is alleged that Md. Dilshad was being killed by the petitioner and others, is falsified during investigation. In first part of the FIR, there is direct allegation against Sonu and the nature of allegation against this petitioner is general and omnibus. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.12.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.20685 of 2026(2) dt.01-04-2026 3/3 Harnaut P.S. Case No. 560 of 2025 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.-I, Biharsharif, Nalanda.

(Ashok Kumar Pandey, J) shubham/- U T