Patna High Court
Md Sarwar AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted as the prosecution’s case rests solely on a confessional statement of a co‑accused and lacks any other material evidence.
Summary
The petitioner, Md Sarwar Ali, sought bail in a case registered under Sections 103(1), 61(2), 238 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to the death of a person allegedly found after leaving with Md Madroof. The prosecution’s case relied solely on a confessional statement of co‑accused Md Madrul, who had already been granted bail, and there were no eye‑witnesses or other material linking the petitioner to the offence. The petitioner’s counsel argued that he was not named in the FIR and that the accusation was based only on suspicion, emphasizing his clean antecedents. The State opposed the bail application. Considering the lack of substantive evidence beyond the co‑accused’s confession, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail can be granted when the only evidence against the petitioner is a confessional statement of a co‑accused
- Whether the petitioner’s apprehension of arrest is justified in the absence of direct evidence
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 238, 3(5), 482(2), 61(2)
Subjects
- bail
- confessional statement
- suspicion
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9653 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- MIRGANJ District- Purnia
======================================================
Md Sarwar Ali S/O Md. Hasib R/O Village- Mirganj Ward No. 4, P.S-
Mirganj, Distt.- 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. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 103(1), 61(2), 238
and 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant alleged
that the deceased left his house with Md. Madroof and later on
his dead body was found.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R and has been made accused
during investigation only on the basis of suspicion. There is no
eye-witness to the alleged occurrence. The name of the
petitioner surfaced on the basis of confessional statement made
by the co-accused person, Md. Madrul, who has already been
Patna High Court CR. MISC. No.9653 of 2026(2) dt.11-02-2026
2/2
granted bail vide order dated 04.12.2025. This petitioner claims
clean antecedent. Save and except confessional statement, there
is no other material available on record to show complicity of
the petitioner in the alleged occurrence.
5. Learned A.P.P. for the State vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances, let the
above-named petitioner be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Purnea in connection with Mirganj P.S. Case No.
142 of 2025, subject to the condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Jyoti Kumari/-
U T
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