Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39561 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== 1.
Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam S/O Abdul Karim Miya R/O Village- Dhokraha, P.S- Majhaulia, Distt.- West Champaran. 2.
Mohammad Meraj Alam @ Mohamad Meraj Aalam @ Md. Meraj S/O Abdul Karim Miya R/O Village- Dhokraha, P.S- Majhaulia, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Prakash, Adv.
For the Opposite Party/s :
Mr. Rina Sinha, APP For the Informant/s :
Mr. Upadhyay Saurabh Kumar, Adv.
Mr. Shankar Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Bettiah Muffasil P.S. Case No. 132 of 2025 dated 04.03.2025 registered for the offences punishable under sections 103(1), 61(2) of the B.N.S.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's son by inflicting knife blow.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been
2/4 implicated in this case. The name of the petitioners has sprung up in this case on mere suspicion. There is no eye-witness to the alleged occurrence. The petitioners have no concern with the alleged offence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 05.03.2025.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioners and submitted that the allegation of catching hold of the son of the informant is against the petitioner no.1, Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam, while the specific allegation of inflicting knife blow is against the petitioner no.2, Mohammad Meraj Alam @ Mohamad Meraj Aalam @ Md. Meraj. It is further submitted that in the C.C.T.V. footage, it is found that the petitioner no.2, Mohammad Meraj Alam @ Mohamad Meraj Aalam @ Md. Meraj, took out a knife and stabbed the deceased, which is stated in para-10 of the case diary. As per the post-mortem report of the deceased, the cause of death is due to haemorrhage and shock caused by sharp pointed object.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner no. 1
3/4 (Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam) is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 132 of 2025.
7. The application stands allowed with regard to the petitioner no. 1 (Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam).
8. So far as, the petitioner no.2, namely, Mohammad Meraj Alam @ Mohamad Meraj Aalam @ Md. Meraj is concerned, considering the aforesaid facts and circumstances of the case as well as the specific allegation against the petitioner, this Court is not inclined to grant bail to the petitioner no. 2 (Mohammad Meraj Alam @ Mohamad Meraj Aalam @ Md. Meraj) and the same is rejected in connection with Bettiah Muffasil P.S. Case No. 132 of 2025, pending in the court of learned Chief Judicial Magistrate, Bettiah, West Champaran.
9. Accordingly, the application regarding the petitioner no.2 (Mohammad Meraj Alam @ Mohamad Meraj Aalam @ Md. Meraj) stands rejected and the learned trial court is directed to expedite the trial of the petitioner no.2 and
4/4 conclude the same at the earliest.
(Chandra Prakash Singh, J) Shivam/- U T