Patna High Court
Sarwar AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail, directing the petitioner to be released on bail with the stipulated bond and sureties.
Summary
The petitioner, Sarwar Ali, applied for regular bail in a case registered under Sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging involvement in a tourist‑visa fraud that led to victims being taken to Kyrgyzstan and extorted. The prosecution alleged that the petitioner and a co‑accused collected Rs. 2 lakh from each victim under false pretences and later demanded additional money for the return of their passports. The petitioner contended that he was innocent, merely facilitating travel for relatives, and that the allegations were general and omnibus, with his brother also implicated. The State opposed the bail, emphasizing the seriousness of the offences. After considering the nature of the allegations, the period of custody, and the prima facie nature of the observations, the court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
- Whether the period of custody and the prima facie observations justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- visa fraud
- extradition
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22161 of 2026
Arising Out of PS. Case No.-696 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Sarwar Ali S/O Sawkat Ali R/O Village- Jaipur, P.S- Kateya, Distt.-
Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Kateya P.S. Case No. 696 of 2025 registered for the offence
under Section(s) 318(4), 316(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner and co-
accused Abdul Kadir provided a tourist visa to the informant
and one Mukesh Yadav on the pretext of sending them abroad
and took Rs. 2 lakh from each person. They stated that the
informant and Mukesh Yadav were being sent to Russia for two
years. However, when the informant and Mukesh Yadav arrived
abroad and made inquiries at the airport, they came to know that
they had been sent to Kyrgyzstan on a tourist visa. There, their
Patna High Court CR. MISC. No.22161 of 2026(2) dt.09-04-2026
2/3
passports were seized, and they were asked to pay Rs. 50,000
for their return. They paid the amount, after which their
passports were returned. Thereafter, the informant and Mukesh
Yadav returned to India.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. She
further submits that the petitioner is a local person and is not
involved in sending people abroad. She also submits that the
petitioner's brother had gone to Kyrgyzstan, and the informant
and others had approached the petitioner as they were interested
in going there for work. Thereafter, the petitioner spoke with his
brother, who asked them to get their passports made and come
to Kyrgyzstan. They went there after completing the necessary
documentation, but since they were unable to work in the cold
environment, they returned and filed a false case and the brother
working in Kyrgyzstan is also accused in this case. Lastly, it is
submitted that the petitioner is in custody since 08.02.2026 and
there is general and omnibus allegation against him.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the nature of allegation levelled against the petitioner as
Patna High Court CR. MISC. No.22161 of 2026(2) dt.09-04-2026
3/3
well as the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Kateya P.S. Case
No. 696 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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