Patna High Court
SARFARAJ @ MD. SARFARAJ @ MOHAMMAD SARFARAJversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sarfaraj, was arrested in connection with a robbery on gunpoint alleged under section 309(4) of the Bihar Negotiable Instruments Act. The FIR named unknown miscreants, but a co-accused later gave a confessional statement implicating Sarfaraj, with no material recovered from him and no TIP conducted. Sarfaraj has been in judicial custody since 25 July 2025 and claims innocence. The State opposed bail, citing two prior criminal cases against him. After hearing both sides, the Patna High Court granted regular bail on a bond of Rs.10,000 with two sureties, finding the evidence insufficient to justify continued detention.
Issues considered
- Whether the petitioner is entitled to regular bail when the only incriminating material is a co-accused's confessional statement and no physical evidence has been recovered.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- regular bail
- confessional statement
- criminal antecedent
- robbery
- section 309
- Bihar Negotiable Instruments Act
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70111 of 2025
Arising Out of PS. Case No.-169 Year-2024 Thana- FULKAHA District- Araria
======================================================
SARFARAJ @ MD. SARFARAJ @ MOHAMMAD SARFARAJ S/O
KASIM @ MOHAMMAD KASIM R/O VILL.- TAPPU TOOLA, PIPRA, P.
S - JOGBANI, DISTT.- ARARIA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-03-2026 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 section 309(4) of
BNS.
3. The case of the prosecution is that some unknown
miscreants have snatched the bag of the informant containing
Rs. 1,68,873/- on gun point.
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 the FIR was lodged
against unknown miscreants. During course of investigation,
one co-accused has given his confessional statement and in his
Patna High Court CR. MISC. No.70111 of 2025(3) dt.18-03-2026
2/2
confessional statement, he has named this petitioner. Nothing
has been recovered from the possession of this petitioner. No
TIP was conducted. Save and except confessional statement of
co-accused, there is nothing against this petitioner. Moreover, he
is languishing in judicial custody since 25.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of two
cases.
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
petitioner is directed to be released on bail in connection with
Fulkaha P.S. Case No. 169 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 1st Class, Araria.
(Ashok Kumar Pandey, J)
shubham/-
U T
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