Md Sarwar Ali v. The State Of Bihar

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.SMirganj, 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 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