Partly allowed

Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam v. The State of Bihar

Patna HC25 Aug 2025CR. MISC./39561/2025

Case brief

AI extract

What is this about?

Regular bail application in a murder case registered under sections 103(1), 61(2) BNS for killing the informant's son with a knife. Bail was granted to petitioner no.1 on suspicion-level allegations; it was refused to petitioner no.2 against whom CCTV footage showed him stabbing the deceased, and the trial court was directed to expedite his trial.

What did the court decide?

Petitioner no.1 enlarged on bail (Rs.20,000 bail-bond, two like sureties); petitioner no.2's prayer rejected; trial court directed to expedite trial.

Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam Vs… — Murder and Culpable Homicide | Patna HC (2025)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39561 of 2025

¶2

Arising Out of PS. Case No.-132 Year-2025 Thana- MUFFASIL District- West Champaran

¶3

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

¶4

1. Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam S/O Abdul Karim Miya R/O Village- Dhokraha, P.S- Majhaulia, Distt.- West Champaran.

¶5

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

¶10

====================================================== 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. ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶12

ORAL ORDER

¶13

3 25-08-2025

¶14

Heard learned counsel for the petitioners, learned

¶15

counsel for the informant and learned APP for the State.

¶16

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.

¶17

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.

¶18

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

¶19

Patna High Court CR. MISC. No.39561 of 2025(3) dt.25-08-2025 2/4

¶20

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.

¶21

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.

¶22

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner no. 1

¶23

Patna High Court CR. MISC. No.39561 of 2025(3) dt.25-08-2025 3/4

¶24

(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.

¶25

7. The application stands allowed with regard to the petitioner no. 1 (Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam).

¶26

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.

¶27

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

¶28

Patna High Court CR. MISC. No.39561 of 2025(3) dt.25-08-2025 4/4

¶29

conclude the same at the earliest.

¶30

(Chandra Prakash Singh, J)

¶31

Shivam/-

¶32

U T

Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohammad Sarfraj Alam @ Mohamad Sarfraj Aalam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Brahamdeo Thakur Vs The State of Bihar

Sunita Devi Vs The State of Bihar

Vikash Kumar @ Vikash Kumar Yadav Vs The State of Bihar

Babulal Gupta Vs The State of Bihar

Sriram Mukhiya @ Vinod Mukhiya Vs The State of Bihar

Md. Mustaque @ Md. Mushtaque Alam Vs The State of Bihar