Patna High Court
Sahjad Alam @ Shahjad AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that without registration of a criminal case, the petitioner cannot be said to be accused, and the bail bond must be accepted.
Summary
The petitioner, Sahjad Alam, filed an application seeking modification of an earlier order dated 24 September 2025 that had granted bail. The lower court had refused to accept his bail bond on the ground that a "sanha" (pending sanction) existed against him. The petitioner argued that no criminal case had been registered, and therefore he could not be deemed an accused. The Patna High Court held that unless a criminal case is formally registered, a person cannot be considered accused for the purpose of bail. Consequently, the court directed the trial court to accept the bail bond immediately. The application for modification was allowed.
Issues considered
- Whether a bail bond can be rejected on the basis of a pending sanction when no criminal case has been registered.
- Whether a person not yet charged in a registered case can be deemed an accused for bail purposes.
Subjects
- bail
- modification of order
- criminal procedure
- pending sanction
- accused
- acceptance of bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17253 of 2026
In
CRIMINAL MISCELLANEOUS No.65917 of 2025
Arising Out of PS. Case No.-175 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Sahjad Alam @ Shahjad Alam S/o Late Md. Alam @ Mohammad Alam R/o
Village - Rasulpur, P.S - Nagra, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Noumaan Ahmad, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-04-2026 Heard the parties.
2. The present application has been filed on behalf of
the petitioner for modification of the order dated 24.09.2025
passed in Cr. Misc. No. 65917 of 2025.
3. It has been contended by learned counsel for the
petitioner that the bail bond of the petitioner has not been
accepted because of a sanha which is pending against him.
4. In view of this Court, unless a criminal case is
registered against the petitioner, the petitioner cannot be said to
be accused in any criminal case.
5. In these circumstances, the court below is directed
to accept the bail bond of the petitioner forthwith.
6. Accordingly, the modification application stands
Patna High Court CR. MISC. No.17253 of 2026(2) dt.10-04-2026
2/2
allowed.
(Sandeep Kumar, J)
tusharika/-
U T
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