Patna High Court
Firoz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to bond and conditions.
Summary
The petitioners, Firoz Alam and Jamil Akhtar, were arrested on 31 October 2025 in connection with FIR No. 264 of 2025 alleging cheating of twenty persons by demanding money to delete their names from the FIR. They were charged under multiple sections of the B.N.S. and Sections 3 and 4 of the Prevention of Witch Craft Act. The petitioners contended that they have a clean antecedent and were falsely implicated, asserting that their names were recorded only on the basis of disclosures by a co‑accused. The State opposed bail, arguing the seriousness of the offences. The High Court, noting the lack of substantive material against the petitioners beyond suspicion and their clean record, granted bail subject to a bond of Rs.10,000 each with two sureties and specific conditions. The order directed the lower court to release the petitioners on bail while allowing for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the B.N.S. and the Prevention of Witch Craft Act
- Whether mere suspicion and co‑accused testimony constitute sufficient ground to deny bail
- Whether the petitioners' clean antecedent warrants the grant of bail
Legislation cited
- B.N.S. — s. 308(2), 316(2), 318(4), 336(3), 337, 339, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- false implication
- clean antecedent
- Prevention of Witchcraft Act
- B.N.S.
- co-accused testimony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5533 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- AMDABAD District- Katihar
======================================================
1. Firoz Alam Son of Late Sarfuddin @ Md. Sarfuddin R/o Village - Jhabbu
Tola, P.S. - Amdabad, Dist. - Katihar.
2. Jamil Akhtar @ Bishu Son of Late Mohsinul Alam @ Mosinul Alam R/o
Village - Trimuhani Dhala, P.S. - Amdabad, Dist. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Rajeev Kumar Singh, learned counsel for
the petitioner and Mr. Md. Mushtaque Alam, learned Additional
Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
31.10.2025 in connection with Amdabad P.S. Case No. 264 of
2025, F.I.R. dated 30.10.2025 for the offences punishable under
Sections 316(2), 318(4), 336(3), 337, 339, 308(2), 61(2) and 3
(5) of the B.N.S. and Section 3/4 of the Prevention of Witch
Craft Act.
3. According to prosecution case, the petitioners are
alleged to have cheated twenty persons by showing their name
in the FIR and demanded Rs. 50,000/- for deleting the same.
Patna High Court CR. MISC. No.5533 of 2026(2) dt.29-01-2026
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4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that the
allegation as alleged in the FIR is false and fabricated and the
petitioner have not committed any offence as alleged in the
F.I.R. From a bare perusal of the F.I.R., it appears that the name
of the petitioners have been transpired during investigation on
the basis of disclosure made by other co-accused persons. It
appears from the FIR that the petitioners have no role in the
present occurrence and the petitioners have been made accused
in the present case merely on the basis of suspicion and except
the suspicion, no other cogent material has come during
investigation against the petitioners to suggest the involvement
of the petitioners in the present occurrence and the co-accused
person, namely, Laltu has been granted bail by learned court
below itself and the police after investigation, submitted
chargesheet against the petitioner and the petitioners are in
custody since 31.10.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioners have clean antecedent and
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the name of the petitioners have been transpired during
investigation on the basis of disclosure made by co-accused
person, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Katihar in connection with
Amdabad P.S. Case No. 264 of 2025, with the following
conditions:
i. Petitioners 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 her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioner have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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