Patna High CourtCR. MISC./59723/2025dismissed

Md. Fazi @ Md. Phaiji v. The State Of Bihar

2026-03-17Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57144 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BISFI District- Madhubani ====================================================== Md. Salamat son of Mohiuddin Resident of Village- Bhataura, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 59723 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BISFI District- Madhubani ====================================================== Md. Fazi @ Md. Phaiji S/O Safi Ahmad Resident of Village- Bhataura, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65063 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- BISFI District- Madhubani ====================================================== Md. Rizwan @ Rizwan S/O Md. Harun Marhum @ Harun R/O VillageBhataura, P.S- Bisfi, District- Madhubani. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 57144 of 2025) For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP (In CRIMINAL MISCELLANEOUS No. 59723 of 2025) For the Petitioner/s :

Mr. Madhubala Verma, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP (In CRIMINAL MISCELLANEOUS No. 65063 of 2025) For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ======================================================

Patna High Court CR. MISC. No.57144 of 2025(4) dt.17-03-2026 2/3 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail, who is in custody since 13.03.2025, in connection with Bisfi P.S. Case No. 41 of 2025, FIR dated 09.03.2025 registered for the offence under Sections 103(2), 61(2), 238 of the Bharatiya Nyay Sanhita, 2023.

3. Accordingly to the prosecution case, the informant suspects the involvement of the petitioners in killing his son, namely, Dilshad @ Muskan

4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. From bare perusal of the FIR it appears that informant is not the eye witness of the alleged occurrence and the informant has disclosed the name of the petitioners on the basis of suspicion and name of the petitioners have been transpired on the basis of confessional statement of one of the petitioner namely, Md. Faizi and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioners in the present occurrence and the petitioners are rotting in judicial custody since 13.03.2025.

Patna High Court CR. MISC. No.57144 of 2025(4) dt.17-03-2026 3/3

5. Learned learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioners and submits that the confessional statement of the petitioner namely, Md. Faizi was recorded in paragraph no.27 of the case diary in which he has accepted his guilt in the present occurrence and he has also disclosed that other petitioners have also assaulted the deceased by means of Tangari and after the occurrence they have thrown the dead body of the deceased in the pokhra which was recovered on the next day of the occurrence and on the basis of confessional statement of Md. Faizi, the tangari which was used in the present crime in question was found from the Nanhe Pokhra and apart from that the medical evidence (post-mortem report) also supports the allegation as alleged in the FIR.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail in connection with Bisfi P.S. Case No. 41 of 2025 pending in the Court of A.C.J.M., Benipatti, Madhubani.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T