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Patna High Court

Md. Shahnawaz @ Md. Shahnawaz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Md. Shahnawaz Alam, was implicated in an FIR alleging his involvement in the suicide of Sajid Baitha, alleged to have resulted from harassment by the accused. The petitioner claimed a clean antecedent and asserted that the allegations were fabricated, with no material evidence linking him to the crime beyond suspicion. The prosecution opposed bail, but the court noted the absence of substantive proof and the petitioner’s clean record. Consequently, the court granted bail, subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC, including cooperation with the trial and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance.

Issues considered

  • Whether bail should be granted to the petitioner when the case is based solely on suspicion and lacks material evidence.
  • Whether the petitioner’s clean antecedent warrants bail despite the serious nature of the alleged offences under Sections 108 and 3(5) of the BNS, 2023.

Legislation cited

Subjects

  • bail
  • suicide
  • false implication
  • suspicion
  • criminal antecedent
  • Section 438
  • CrPC
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89076 of 2025
                       Arising Out of PS. Case No.-135 Year-2025 Thana- RUPAULI District- Purnia
                 ======================================================
                 Md. Shahnawaz @ Md. Shahnawaz Alam S/o Md. Rizwan @ Md. Rijwan
                 Resident of Village- Chaparahi Ward No. 05, P.S.- Rupauli, District- Purnea

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                        Heard Mr. Ram Prawesh Kumar, learned counsel

                   for the petitioner and Mr. Kumar Veerendra Narayan, learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Rupauli P.S. Case No. 135 of 2025, F.I.R. dated

                   14.07.2025 for the offences punishable under Sections 108 and

                   3(5) of the BNS, 2023.

                               3. According to prosecution case, it is alleged by the

                   informant and due to harassment made by the accused persons,

                   one Sajid Baitha committed suicide by hanging himself.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that the

                   allegation as alleged in the F.I.R is false and fabricated and the
Patna High Court CR. MISC. No.89076 of 2025(2) dt.12-01-2026
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          petitioner has not committed any offence as alleged in the F.I.R.

          Name of the petitioner has been transpired on the basis of

          suspicion and no other cogent material has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence. He further submits that the deceased has

          committed suicide himself in the house of the informant.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and except suspcision,

          no other material has come during investigation which suggest

          the invovlement of the petitioner in the present occurrence, let

          the petitioner, above named, in the event of his arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          CJM, Purnea in connection with Rupauli P.S. Case No. 135 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure and with other

          following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.89076 of 2025(2) dt.12-01-2026
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                      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)
Vanisha/-

U      T


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