Md. Saroof @ Mohammad Saruf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35899 of 2026 Arising Out of PS. Case No.-176 Year-2025 Thana- BHAGWANPUR District- Vaishali ====================================================== Md. Saroof @ Mohammad Saruf S/o Md. Mosleem @ Md. Muslim Resident of Village-Sahatha, P.o and P.S-Bhagwanpur, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Archana Singha, Sr. Advocate Mr. Alok Kumar Shahi, Advocate Ms. Nisha Kumari, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 176 of 2025, instituted for the offences under Sections 137(2), 140(3), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by this Court vide order dated 18.11.2025 passed in Cr. Misc. No. 73892 of 2025 taking into consideration the facts and circumstances of the case as also statement of the victim recorded under Section 183 of BNSS.

Patna High Court CR. MISC. No.35899 of 2026(2) dt.03-07-2026 2/3 4.

Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 05.07.2025 without any rhymes or reason and has got one criminal antecedent. Learned counsel for the petitioner next submits that previously liberty was granted to the petitioner to renew his prayer for grant of bail before the learned Trial Court if the trial is not concluded within a period of four months. It is further submitted that charge-sheet has been submitted and neither charge has been framed nor any witnesses have been examined in this case.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 176 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.35899 of 2026(2) dt.03-07-2026 3/3 (II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T