Patna High Court
Md. Shahnawaz @ Md. Shahnawaz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 108, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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