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Patna High Court

Ishararul Haque @ Md. Eshrarul Haque @ SebakversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Ishararul Haque, sought regular bail in a case registered under sections 103(1), 238 and 3(5) of the BNS, alleging that his name appeared in the investigation only through a co‑accused's confessional statement and not in the FIR. The prosecution alleged that the petitioner was part of a group that abducted the informant's son, leading to the latter's death. The petitioner contended that he is innocent, that the confessional statement is the sole basis for his implication, and highlighted his role as a gram sevak and his eight prior trivial cases. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court held that the petitioner is entitled to regular bail, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional Chief Judicial Magistrate‑II, Jhanjharpur.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the charge being based solely on a co‑accused's confessional statement.
  • Whether the petitioner’s criminal antecedent and the nature of the alleged offences preclude grant of bail.
  • Whether the absence of the petitioner’s name in the FIR affects the bail decision.

Legislation cited

  • BNS — s. 103(1), 238, 3(5)

Subjects

  • regular bail
  • confessional statement
  • FIR
  • criminal antecedent
  • investigation
  • bail bond
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20681 of 2026
                  Arising Out of PS. Case No.-76 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Ishararul Haque @ Md. Eshrarul Haque @ Sebak Son of Late Kashim
                 Resident of Village- Gidarganj, P.S.- Andhratharhi, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramakant Sharma, Sr. Advocate
                                                 Mr. Mayank Raj, Advocate
                                                 Mr. Adarsh Prahar, Advocate
                                                 Mr. Rakesh Kumar Sharma, Advocate
                 For the Opposite Party/s :      Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103(1), 238

                   and 3(5) of BNS.

                                 3. The case of the prosecution is that the son of the

                   informant went out of his house at 8PM. It is further alleged that

                   Md. Shajid, Md. Kasim and some unknown persons boarded

                   him on a bike. He was being searched till 10 PM. The informant

                   came to know that all the persons who have gone with the son

                   of the informant, they have also not returned. In morning, at 8

                   AM, the informant came to know that near brick kiln, the dead
Patna High Court CR. MISC. No.20681 of 2026(2) dt.01-04-2026
                                            2/3




          body of the deceased is lying.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that from perusal of the

          FIR, it is clear that the name of this petitioner is not there in the

          FIR rather his name has surfaced during course of investigation

          on the basis of confessional statement of co-accused Md. Shajid.

          He has further submitted that save and except confessional

          statement, there is nothing against the petitioner. He has also

          submitted that the petitioner is a gram sevak and police has also

          extracted his confessional statement and the petitioner was seen

          passing through the place of occurrence after few minutes by a

          bullet motorcycle. Though, the petitioner is having criminal

          antecedent of eight cases but the offences in which, he has

          involved, are of trivial nature and those are the outcomes of his

          profession. Moreover, the petitioner is languishing in judicial

          custody since 12.12.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named
            Patna High Court CR. MISC. No.20681 of 2026(2) dt.01-04-2026
                                                        3/3




                      petitioner is directed to be released on bail in connection with

                      Andhratharhi P.S. Case No. 76 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate-II, Jhanjharpur, Madhubani.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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