Patna High Court
CR. MISC./29107/2026 of Md. Sarfaraz Vs The State of Bihar on 8 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29107 of 2026 Arising Out of PS. Case No.-137 Year-2025 Thana- SHEIKHOPUR SARAI District- Sheikhpura ====================================================== Md. Sarfaraz S/O Md. Nasim @ Md. Nashima Miyan @ Nasima Miyan Resident Of Village-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29107 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- SHEIKHOPUR SARAI District- Sheikhpura ======================================================
Md. Sarfaraz S/O Md. Nasim @ Md. Nashima Miyan @ Nasima Miyan Resident Of Village- Shekhopur Sarai, P.s.- Shekhopur Sarai, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sheo Nandan Prasad
For the Opposite Party/s :
Mr. Humayou Ahmad Khan
For the Informant
:
Mr. Sheo Kumar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
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ORAL ORDER
08-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 08.10.2025 in connection with Shekhopur Sarai P.S. Case No. 137 of 2025 for the offence punishable under Section 103(1) of B.N.S.
3. The case of the prosecution in brief is that informant Md. Ikbaal gave a written application before the officer in-charge Shekhopur Sarai therein that on 08.10.2025 at 1:14 P.M. he was returning from the market and saw that his younger daughter Gaushi Praween was soaked in blood lying on the ground and his wife Jeba Praween and his 4th Daughter namely Muskan Praween were holding to the petitioner the wife of informant the knife and attacked on stabbed his stated that the petitioner daughter with a knife due to which died at the very moment. One year prior to this incident petitioner has tried to Patna High Court CR. MISC. No.29107 of 2026(4) dt.08-07-2026
get in touch with the deceased but she refused and petitioner previously had assaulted her with her cheeks. Petitioner is a relative of the informant and this day again try to get in touch with her daughter without his consent and when she refused then stabbed her with a knife. The father of petitioner was trying to aid the petitioner escaping from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is next submitted that it appears from the FIR that informant is not an eye-witness to the alleged occurrence and petitioner has been made an accused in the present case merely on the basis of suspicion and except the aforesaid nothing has come during the investigation to suggest the involvement of the petitioner in the present occurrence.
5. The learned Additional Public Prosecutor for the State and learned counsel for the informant, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submits from perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he has assaulted to the daughter of the informant by means of knife. Apart from aforesaid, he has made repeated blow from spade upon the deceased due to which she has died at the spot. Apart Patna High Court CR. MISC. No.29107 of 2026(4) dt.08-07-2026
from aforesaid, postmortem report of the deceased also supports the allegation meaning thereby that medical evidence also supports the allegation as alleged in the FIR.
6. Considering the nature of allegation supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Shekhopur Sarai P.S. Case No. 137 of 2025 pending in the court of learned Chief Judicial Magistrate, Sheikhpura.
7. Prayer is refused.
Gaurav Sinha/- (Rajesh Kumar Verma, J) U T