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Patna High Court

Sawajafar @ Sava Jagar @ Saba ZafarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail is dismissed.

Summary

The petitioners, Sawajafar and Taksin, were arrested in connection with a case registered under Section 309(4) of the B.N.S., 2023, alleging they participated in looting Rs.1,15,000 and a vehicle registration certificate. They applied for regular bail, claiming innocence, a clean antecedent, and that they had been in custody since 4 November 2025. The State opposed the bail application, emphasizing that the petitioners were caught on the spot after allegedly committing the crime. The court considered the facts, including the on‑the‑spot apprehension, and concluded that bail could not be granted. Consequently, the application for regular bail was dismissed.

Issues considered

  • Whether regular bail can be granted to the petitioners under Section 309(4) of the B.N.S., 2023 given they were apprehended on the spot after allegedly committing the offence.

Legislation cited

Subjects

  • regular bail
  • Section 309(4)
  • B.N.S. 2023
  • loot
  • vehicle registration
  • custody
  • clean antecedent
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.109 of 2026
                        Arising Out of PS. Case No.-470 Year-2025 Thana- AMAUR District- Purnia
                 ======================================================
           1.     Sawajafar @ Sava Jagar @ Saba Zafar S/O Abdul Salam Ansari R/O
                  Village- Idgahtola, Greuwa, Ward No. 1, P.S- Amour, Distt.- Purnea.
           2.    Taksin @ Tajkin Ansari S/O Tahsir Ansari @ Tamair Ansari R/O Village-
                 Idgahtola, Geruwa, Ward No. 1, P.S- Amour, Distt.- Purnea.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamlesh Kumar Pathak, Advocate
                                                  Mr. Sumit Kumar Bhagat, APP
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   02-04-2026                   Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners seek regular bail in connection with

                   Amour P.S. Case No. 470 of 2025 registered for the offence

                   under Section 309(4) of the B.N.S., 2023.

                                 3. The allegation against the petitioners and other

                   accused persons are committing loot of Rs. 1,15,000/-, the

                   registration certificate of the vehicle. The local persons caught

                   two criminals which includes petitioners also and there is

                   recovery from one co-accused, namely, Salman Rahi.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have not committed any offence.
            Patna High Court CR. MISC. No.109 of 2026(4) dt.02-04-2026
                                                        2/2




                      Petitioners are in custody since 04.11.2025 and have clean

                      antecedent.

                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case and petitioners having been caught on the spot after

                      having committed the crime, this application is dismissed.


                                                 (Sandeep Kumar, J)

Ranjeet/-

U      T


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