Patna High Court
Ishararul Haque @ Md. Eshrarul Haque @ SebakversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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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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