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Patna High Court

Md. Sarfraz Alam @ Sarafraj Alam @ Md. SarfrajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond and specific conditions.

Summary

The petitioner, Md. Sarfraz Alam, was arrested on 16 July 2025 in connection with a case filed under Sections 87, 352 and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleging that he eloped with the informant’s wife and took her ornaments, cash and land documents. The prosecution contended that the petitioner and co‑accused abused the informant and refused to return his wife. The petitioner argued that he has a clean antecedent, was falsely implicated, and that his earlier bail application had been withdrawn, with charges only framed on 12 February 2026. The learned Additional Public Prosecutor opposed bail, citing the seriousness of the offences. The Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence and verification of antecedents. The bail order was directed to be implemented by the District and Additional Sessions Judge, Katihar.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offences under the Bharatiya Nyay Sanhita, 2023
  • Whether the petitioner poses a risk of fleeing, tampering with evidence or witnesses
  • Whether the petitioner’s clean antecedent and the withdrawal of the earlier bail application justify release on bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Section 87
  • Section 352
  • Section 3(5)
  • false implication
  • clean antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17710 of 2026
                        Arising Out of PS. Case No.-165 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Md. Sarfraz Alam @ Sarafraj Alam @ Md. Sarfraj S/O Safik Alam Resident
                 of Village- Saguniya (Mahammadpur), P.S.- Kadwa, District- Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :        Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   18-03-2026                      Heard Mr. Bimal Kumar, learned counsel for the

                   petitioner as well as Ms. Sharda Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.07.2025 in connection with Kadwa P.S. Case No. 165 of

                   2025, F.I.R. dated 15.07.2025 for the offences punishable under

                   Sections 87, 352, 3(5) of the Bharatiya Nyay Sanhita, 2023.

                               3.     According to prosecution case, the informant

                   alleged that he works as labourer in Uttar Pradesh and while he

                   had gone to his working place, his wife eloped with the

                   petitioner and also took her ornaments, cash & paper of lands.

                   Upon enquiry from accused persons, they abused the informant

                   and refused to return his wife.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17710 of 2026(2) dt.18-03-2026
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          petitioner has clean antecedent and he has falsely been

          implicated in the present case. He next submits that earlier the

          bail application of the petitioner was dismissed as withdrawn

          vide order dated 31.01.2026 with liberty to the petitioner to

          move before appropriate forum after framing of charges. He

          further submits that charge has been framed against the

          petitioner on 12.02.2026 (Annexure-4) and the petitioner is in

          custody since 16.07.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned District

          and Additional Sessions Judge-I, Katihar in connection with

          Kadwa P.S. Case No. 165 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.17710 of 2026(2) dt.18-03-2026
                                                        3/3




                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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