Sahnur Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sahnur Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bonds of Rs.30,000/- to the satisfaction of learned CJM, Purnea, subject to Section 480(3) BNSS 2023 conditions and five special conditions; actual release only after framing of charge and confirmation that the petitioner is not absconding in the three other listed cases.

Issue for consideration

Whether regular bail should be granted to the petitioner in Baisi P.S. Case No.147/2024 (dacoity; Sections 395/397 IPC and Section 27 Arms Act), where his name surfaced only in a co-accused's confessional statement, no recovery was made, no TIP was conducted, and he is implicated in three other criminal cases.

Court's answer

The court granted regular bail to the petitioner on furnishing bail bonds of Rs.30,000/- (as mentioned in Section 2(1)(d) of the BNSS, 2023) to the satisfaction of learned CJM, Purnea, in connection with Baisi P.S. Case No.147/2024, subject to the conditions laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

Release was made conditional: the court below shall release the petitioner on bail only after framing of charge (if not already framed) and on being satisfied that the petitioner is not absconding in any of the three other cases mentioned in paragraph no.3 of the petition.

Key takeaways

Five special conditions were imposed: (i) one bailor must be a family member providing official proof of bona fides; (ii) appearance on every trial date, failure on two consecutive dates without plausible reason entailing cancellation of bail bonds by the Trial Court; (iii) monthly appearance before the concerned police station for one year to mark attendance; (iv) no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; and (v) desistance from committing any criminal offence again, failing which the State may seek cancellation.ratio¶22

Detailed headnote1 paragraphs

ORAL ORDER (single judge, Dr. Anshuman, J., High Court of Judicature at Patna, 04-06-2025, Cr. Misc. No.34589 of 2025): Regular bail granted to Sahnur Alam in Baisi P.S. Case No.147/2024 (District Purnia), FIR dated 12.06.2024 alleging dacoity by unknown accused, under Sections 395/397 IPC and Section 27 Arms Act. Factors weighed: petitioner's name surfaced solely in a co-accused's confessional statement; no recovery from his possession; no Test Identification Parade; in custody since 03.01.2025; implicated in three other cases (Amour P.S. Case No.374/2024; Angarh P.S. Case No.17/2024; Angarh P.S. Case No.30/2024); the Additional Sessions Judge had earlier rejected bail deeming him a habitual offender. Bail permitted on bonds of Rs.30,000 (Section 2(1)(d), BNSS 2023) before CJM, Purnea, subject to Section 480(3) BNSS 2023 conditions and five special conditions (family-member bailor with bona fide proof; attendance on every trial date with cancellation after two consecutive unexplained absences; monthly police-station reporting for one year; no witness tampering; no fresh offences). Actual release deferred until charge framing and verification that the petitioner is not absconding in the three listed cases.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34589 of 2025

Arising Out of PS. Case No.-147 Year-2024 Thana- BAISI District- Purnia

======================================================

Sahnur Alam S/o Majharul Haque @ Majaharul Haque @ Majrul Haque R/o Village- Patilwa, P.S.- Kishanganj, District- Kishanganj

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Sinha, Advocate For the Opposite Party/s : Mr.Rajesh Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 04-06-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in connection with Baisi P.S. Case No. 147/2024 lodged on 12.06.2024 under Sections 395/397 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the present FIR has been lodged against unknown accused persons on the allegation of committing dacoity.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that the name of the petitioner has surfaced solely in the confessional statement of a co-accused. No recovery has been made from the possession of the petitioner, nor has he been subjected to a Test Identification Parade. The

Patna High Court CR. MISC. No.34589 of 2025(2) dt.04-06-2025 2/3

petitioner is in custody since 03.01.2025 and is also implicated in three other criminal cases.

Learned counsel for the State opposes the prayer for bail and submits that the learned Additional Sessions Judge, while rejecting the petitioner’s bail application, observed that the petitioner is a habitual offender and is involved in three other criminal cases of similar nature. Although it is admitted that no recovery has been made from the petitioner and he has not been subjected to a Test Identification Parade, his name has figured in the confessional statement of a co-accused.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned CJM, Purnea, in connection with Baisi P.S. Case No. 147/2024, subject to the conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.34589 of 2025(2) dt.04-06-2025 3/3

before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

The learned court below shall release the petitioner on bail only after framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :-

Amour P.S. Case No. 374/2024.

Angarh P.S. Case No. 17/2024, and

Angarh P.S. Case No. 30/2024.

(Dr. Anshuman, J)

Ashwini/-

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