Patna High Court
Md. SarfarazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Md. Sarfaraz, was implicated in a case (PS No. 175 of 2024) alleging offences under Sections 147, 149, 341, 323, 379, 385, 307 and 354(B) of the Indian Penal Code, including assault, robbery, extortion and attempted outrage of modesty. The prosecution alleged that the petitioner and co‑accused surrounded the informant and her husband, attempted to disrobe the informant, snatched valuables and demanded a sum of Rs.5,00,000. The petitioner contended that he was falsely implicated, that the incident was a scuffle after the informant’s husband collided with the accused, and that the injuries were minor. The State opposed bail, insisting on the seriousness of the charges and the specific allegation that the petitioner stole Rs.50,000 from the husband. The Court examined the doubtful nature of the specific accusation against the petitioner and the lack of concrete evidence. Considering these factors, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the CrPC. The bail order is subject to the petitioner’s presence at all future court dates.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the alleged offences
- Whether the specific allegation of snatching Rs.50,000 is sufficient to deny bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 149, 307, 323, 341, 354, 379, 385
Subjects
- bail
- Indian Penal Code
- CrPC
- Section 482
- false implication
- extortion
- assault
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13893 of 2026
Arising Out of PS. Case No.-175 Year-2024 Thana- BELAGANJ District- Gaya
======================================================
Md. Sarfaraz S/o Late Md. Quamaruddin Resident of Village- Laxmipur, P.S.-
Belaganj, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
For the Informant : Mr. Ajay Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
counsel for the informant as well as learned APP for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Belaganj P.S. Case No. 175 of 2024
registered for the alleged offence under Sections 147, 149, 341,
323, 379, 385, 307 and 354(B) of the Indian Penal Code.
03. As per prosecution case, petitioner and other co-
accused persons surrounded the informant and her husband while
they had been coming on a bike. The miscreants, who were
armed with country made katta, tried to outrage the modesty of
the informant and co-accused snatched her gold chain. Another
co-accused snatched the bag of the informant containing Rs.
75,000/-. Allegation against the petitioner is that he snatched Rs.
50,000/- from the pocket of the husband of the informant.
Patna High Court CR. MISC. No.13893 of 2026(2) dt.18-03-2026
2/3
Another co-accused snatched the gold chain of the husband of
the informant and two of them tried to fired upon the informant
and her husband but the shot could not be fired. The miscreants
demanded Rs. 5,00,000/- as extortion.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case.
The allegation of abuse, assault and snatching against the
petitioner and other co-accused persons is completely false and
concocted and has been levelled to make the case serious.
Otherwise, there is general and omnibus allegation of abuse,
assault and snatching against the petitioner and other accused
persons. Even the injury received by husband of the informant is
simple in nature which are pain and swelling on right side of
occipital bone and pain and swelling on right middle finger.
Learned counsel further submits that true fact of the case is that
husband of the informant dashed his motorcycle with the accused
persons and some scuffle took place between the parties causing
false implication of the petitioner and others on behalf of the
informant. The allegation of disrobing the informant is not
believable. The petitioner is having antecedent of two cases and
he is on bail in both the cases.
05. Learned APP for the State as well as learned
counsel for the informant vehemently oppose the submission
Patna High Court CR. MISC. No.13893 of 2026(2) dt.18-03-2026
3/3
made on behalf of the petitioner. Learned counsel for the
informant submits that there is specific allegation against the
petitioner that he snatched Rs. 50,000/- from the pocket of the
husband of the informant.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
doubtful nature of accusation against the petitioner, let the
petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Gayaji/court concerned in connection with Belaganj
P.S. Case No. 175 of 2024, subject to the condition laid down
under Section 482(2) of BNSS and other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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