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Patna High Court

Md. SarwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No. 75954 of 2025(3) dt.21-01-2026
                                                        3/3




                      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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