Patna High Court
Saharyar Alam @ Sahareyar Alam @ GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties, and specific conditions.
Summary
The petitioner, Saharyar Alam, was arrested on 26-02-2025 in connection with FIR No. 27-06-2023 relating to robbery under IPC Sec. 392 and an offence under Arms Act Sec. 25(1‑b)(a). He contended that he was never named in the FIR, that his name only emerged during investigation, and that no time‑in‑process (TIP) was conducted. He also pointed out that a similarly situated co‑accused had been granted bail by a coordinate bench of the same court. The State opposed bail, noting that the petitioner has six other criminal cases, three of which are already on bail and three pending. Considering the lack of direct accusation in the FIR, the absence of TIP, and the precedent of bail to the co‑accused, the court ordered the petitioner’s release on bail with a Rs.10,000 bond and two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the investigation has not produced a TIP.
- Whether the existence of multiple other pending criminal cases justifies denial of bail.
- Whether the conditions imposed by the court are appropriate and sufficient for the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a)
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- arms act
- criminal procedure
- investigation
- co‑accused
- pending cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19486 of 2026
Arising Out of PS. Case No.-235 Year-2023 Thana- FALKA District- Katihar
======================================================
Saharyar Alam @ Sahareyar Alam @ Guddu Son of Sabir @ Md. Sabir
Resident of Village - Morsanda, P.S.- Falka, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir, Advocate
For the State : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Md Musowir, learned counsel for the
petitioner and Mr. Dr. Ajeet Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
26.02.2025, in connection with Falka P.S. Case No. 235 of 2023,
F.I.R. dated 27.06.2023 registered for the offences punishable
under Section 392 of the Indian Penal Code and later on Section
25(1-b)a of Arms Act was added.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired
during investigation and nothing has been recovered from the
Patna High Court CR. MISC. No.19486 of 2026(2) dt.31-03-2026
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conscious possession of the petitioner or the house of the
petitioner and till date no TIP was conducted by the prosecution.
He further submits that similarly situated co-accused person,
namely, Akash Deep @ Hero has beeen granted regular bail by a
Coordinate Bench of this Court vide order dated 18.10.2023
passed in Cr. Misc. No.67770 of 2023. He further submits that the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 26.02.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries six more cases other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that out of six cases, the petitioner is on bail in three
cases and rest three cases are pending for consideration before the
competent court of law.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and the
name of the petitioner has been transpired during investigation and
till date no TIP was conducted by the prosecution as well as
similarly situated co-accused person has been granted the regular
bail by a Coordinate Bench of this Court, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.19486 of 2026(2) dt.31-03-2026
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to the satisfaction of learned Judicial Magistrate 1 st Class, Katihar
in connection with Falka P.S. Case No. 235 of 2023, subject to the
following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, 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)
Ibrar//-
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