Patna High Court
Nazrul @ Najrul HaqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that the lower court’s refusal of bail was unwarranted and allowed the appeal, directing that the appellant be released on bail.
Summary
Nazrul Haque appealed to the Patna High Court under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the lower court’s refusal to grant him bail in a case registered under Sections 140(1), 103(1), 238 and 61(2) of the Bihar Negotiable Instruments Act, 2023 read with Section 3(2)(v) of the SC/ST Act. The appellant argued that the notice was validly served, he was not named in the FIR, and that a co‑accused, Rahid Alam, had already been granted regular bail, indicating a better footing for his own bail. The State opposed the appeal. The High Court found merit in the appellant’s submissions, set aside the order refusing bail, and directed that he be released on bail upon furnishing a bond of Rs. 5,000 with two sureties. Consequently, the appeal was allowed and bail was granted.
Issues considered
- Whether the refusal of bail under Section 14‑A(2) of the SC/ST Act was justified in the present facts.
- Whether the appellant, not being named in the FIR, is entitled to bail.
- Whether the grant of regular bail to a co‑accused influences the bail application of the appellant.
Legislation cited
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(v)
Subjects
- bail
- SC/ST Act
- Section 14-A
- criminal appeal
- FIR
- co‑accused bail
- scheduled caste
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4941 of 2025
Arising Out of PS. Case No.-37 Year-2024 Thana- GARVANDANGA District- Kishanganj
======================================================
Nazrul @ Najrul Haque son of Herajul @ Hirajul Resident of village- Hamla
Aambari, ps- Powakhali, Dist- Kishanganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Manda Devi Wife of Jitu Lal Rai Resident of village- Malingaon, Ps-
Powakhali, Dist- Kishanganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ram Prawesh Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 08-05-2026 1. Heard learned counsel for the appellant and the
learned Special PP for the State, Mr. Sadanand Paswan.
2. The learned counsel for the appellant submits that
from perusal of the office report dated 07.05.2026, it would
manifest that the notice has been validly served on respondent
no. 2, but then respondent no. 2 chooses not to appear and
contest.
3. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for bail vide order dated
19.11.2025 passed by the learned 1st Additional
Patna High Court CR. APP (SJ) No.4941 of 2025(4) dt.08-05-2026
2/3
Sessions Judge, Kishanganj in connection with Supplementary
Garbandanga P.S. Case No. 37 of 2024 registered for the
offences punishable under Sections 140(1), 103(1), 238 and
61(2) of the BNS, 2023 read with Sections 3(2) (v) of the SC/ST
Act.
4. Learned counsel for the appellant submits that
appellant is a person with clean antecedent and is in custody
since 24.09.2025 and the informant alleges that her son was
married to Batasi Devi who developed illicit relationship with
one Galib Sadan, on account of which she used to threaten his
son, it is next alleged that on 09.11.2024, the informant came to
know that her son was lying in a pool of blood on the national
highway, accordingly, she reached the place of occurrence and
the instant FIR came to be instituted wherein based on
suspicion, it is alleged that Batasi Devi and Galib Sadan
committed the occurrence.
5. Learned counsel for the appellant submits that
appellant is not named in the FIR and his name transpired in the
confessional statement of Rahid Alam. It is further submitted
that Rahid Alam has been granted the privilege of regular bail
by an order dated 20.05.2025 in Criminal Miscellaneous No.
31197 of 2025 passed by a learned Co-ordinate Bench, it is thus
Patna High Court CR. APP (SJ) No.4941 of 2025(4) dt.08-05-2026
3/3
submitted that since Rahid Alam has been granted the privilege
of regular bail, hence the case of the appellant is on a better
footing.
6. Learned Special P.P. for the State, Mr. Sadanand
Paswan, opposes the appeal.
7. In view of the submissions made by the learned
counsel for the appellant, the order dated 19.11.2025 passed by
the learned 1st Additional Sessions Judge, Kishanganj in
connection with Supplementary Garbandanga P.S. Case No. 37
of 2024, is hereby set aside and the appellant above-named, is
directed to be enlarged on bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with
Supplementary Garbandanga P.S. Case No. 37 of 2024.
8. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
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