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Patna High Court

Saharyar Alam @ Sahareyar Alam @ GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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//-

U          T


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