Ishararul Haque @ Md. Eshrarul Haque @ Sebak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20681 of 2026 Arising Out of PS. Case No.-76 Year-2025 Thana- ANDHRATHARHI District- Madhubani ====================================================== Ishararul Haque @ Md. Eshrarul Haque @ Sebak Son of Late Kashim Resident of Village- Gidarganj, P.S.- Andhratharhi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr. Mayank Raj, Advocate Mr. Adarsh Prahar, Advocate Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103(1), 238 and 3(5) of BNS.
3. The case of the prosecution is that the son of the informant went out of his house at 8PM. It is further alleged that Md. Shajid, Md. Kasim and some unknown persons boarded him on a bike. He was being searched till 10 PM. The informant came to know that all the persons who have gone with the son of the informant, they have also not returned. In morning, at 8 AM, the informant came to know that near brick kiln, the dead
Patna High Court CR. MISC. No.20681 of 2026(2) dt.01-04-2026 2/3 body of the deceased is lying.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the FIR, it is clear that the name of this petitioner is not there in the FIR rather his name has surfaced during course of investigation on the basis of confessional statement of co-accused Md. Shajid. He has further submitted that save and except confessional statement, there is nothing against the petitioner. He has also submitted that the petitioner is a gram sevak and police has also extracted his confessional statement and the petitioner was seen passing through the place of occurrence after few minutes by a bullet motorcycle. Though, the petitioner is having criminal antecedent of eight cases but the offences in which, he has involved, are of trivial nature and those are the outcomes of his profession. Moreover, the petitioner is languishing in judicial custody since 12.12.2025.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.20681 of 2026(2) dt.01-04-2026 3/3 petitioner is directed to be released on bail in connection with Andhratharhi P.S. Case No. 76 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani. (Ashok Kumar Pandey, J) Shubham/- U T