Patna High Court
Md. Sarfraz Alam @ Sarafraj Alam @ Md. SarfrajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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argued that he has a clean antecedent, was falsely implicated, and that his earlier bail application had been withdrawn, with charges only framed on 12 February 2026.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
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 352, 87
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
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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.
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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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