Patna High Court
Md. SarwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with conditions, finding insufficient material to justify continued detention.
Summary
The petitioner, Md. Sarwar, was arrested on 21 June 2025 in connection with a 2018 robbery case (PS Case No. 355) involving offences under IPC Sections 399 and 402 and the Arms Act. The prosecution alleged that the accused were apprehended based on secret information and a pistol and cartridges were recovered, but the petitioner was not named in the FIR and was implicated only through statements of co‑accused. The petitioner contended that no material evidence linked him to the crime, he possessed no weapon, and other co‑accused had already been granted bail. The State opposed bail, citing four prior criminal antecedents, though the petitioner was already on bail in two other cases. The Court, after considering the lack of substantive evidence and the petitioner’s claim of innocence, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of alleged robbery and arms offences despite prior criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Code of Criminal Procedure, 1973 — s. 436
- Indian Penal Code — s. 399, 402
Subjects
- bail
- robbery
- theft
- Arms Act
- criminal antecedent
- non-bailable offence
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 75954 of 2025
Arising Out of PS. Case No.-355 Year-2018 Thana- BIHAR District- Nalanda
======================================================
Md. Sarwar S/o Md. Taslim @ Sabir @ Sabbir @ Md. Savir Ali Resident Of
Mohalla- Pakki Talab, P.S.- Laheri, District- Nalanda (Biharsharif)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Sheo Kumar Prasad, learned counsel
for the petitioner as well as Mr. Nirmal Kumar Sinha, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.06.2025 in connection with Bihar P.S. Case No. 355 of 2018,
F.I.R. dated 03.08.2018 for the offences punishable under
Sections 399, 402 of the Indian Penal Code and 25(1-b)(a), 26,
35 of the Arms Act.
3. According to prosecution case, on secret
information regarding robbery, police reached the place of
occurrence and apprehended the accused persons and recovered
pistol and cartridges from them.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
Patna High Court CR. MISC. No. 75954 of 2025(3) dt.21-01-2026
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name transpired on the basis of disclosure made by apprehended
co-accused persons, namely, Md. Sonu @ Md. Jafar, Md. Mustak
and Sunil Rajbanshi and except the disclosure made by
apprehended co-accused persons, no other cogent material has
come during investigation which suggest the involvement of the
petitioner in the present occurrence and nothing has been
recovered from the possession of the petitioner and similarly
situated co-accused persons, namely, Chhotu Mahto and Rocky
Beldar @ Rocky Jamadar have been granted the privilege of
regular bail by the co-ordinate Bench of this Court vide order
dated 20.02.2024 and in Cr. Misc. No.8647 of 2024 and Cr. Misc.
No. 9798 of 2024. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 21.06.2025 .
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries four criminal antecedents other
than the present one but fairly submits on the basis of paragraph-
3 of the bail application that the petitioner is on bail in the two
cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
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like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Nalanda, Biharsharif in connection with Bihar P.S.
Case No. 355 of 2018, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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