Patna High Court
Md. Meraj Alam @ Md. Meraj @ MerajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Md Meraj Alam, was arrested in connection with a murder case (Kalibagh P.S. Case No. 156 of 2025) under Sections 103(1) and 3(5) of the B.N.S., 2023. He claimed innocence, stating that no incriminating material was found against him and that the only evidence was a co‑accused's confessional statement, which he argued lacked evidentiary value. The petitioner had been in custody since 17 June 2025 and had earlier been accused in two other cases, but had not sought anticipatory bail. The State opposed bail, but the High Court, after considering the circumstances, granted bail on a cash bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with investigation, non‑interference with witnesses, and disclosure of any further criminal antecedents. The order directs the petitioner to comply with these conditions and makes provision for cancellation of bail if they are breached.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the B.N.S., 2023 despite the seriousness of the offence.
- Whether the confessional statements of co‑accused constitute sufficient ground to deny bail.
- Whether the petitioner’s prior criminal antecedents affect his eligibility for bail.
Legislation cited
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Sections 103(1) B.N.S.
- Sections 3(5) B.N.S.
- Patna High Court
- conditions of bail
- presumption of innocence
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80509 of 2025
Arising Out of PS. Case No.-156 Year-2025 Thana- Kalibagh District- West Champaran
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Md. Meraj Alam @ Md. Meraj @ Meraj S/o Late Wakil Miyan R/o vill -
Purani Gudari, ward no. 9, P.S. - Kalibagh, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the State : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kalibagh P.S. Case No. 156 of 2025 dated 14.06.2025,
registered for the offences punishable under Sections 103(1) and
3(5) of B.N.S., 2023.
3. As per allegation, the husband of the informant lady
has been seriously injured by a sharp edged weapon and after he
being taken to the hospital, he was declared dead. The informant
wife has expressed suspicion about the involvement of the
friend of her son, who has association with criminal friends.
4. Learned counsel for the petitioner submits that the
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petitioner is innocent and has falsely been implicated in this
case. He further submits that FIR has been lodged against
unknown persons and even during the course of investigation,
no incriminating material has been recovered from him. The
incriminating material has been recovered from co-accused,
Salim Akhtar and Sheikh Shamsad and only material against the
petitioner is the so-called confessional statement of co-accused
to the police, which has no evidentiary value. He further submits
that the investigation is already completed and not only charge-
sheet has been submitted in this case, but even charge has been
framed against the accused persons.
5. He further submits that the petitioner has been
languishing in jail since 17.06.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has earlier been made accused in two
other cases.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
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this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned concerned Court
below in connection with Kalibagh P.S. Case No. 156 of 2025
on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
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(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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