The Supreme Court has granted a major relief to five key accused in the PFI case linked to Phulwarisharif (Patna) by granting them bail. Justices M.M. Sundar and Nongmeikapam Kotishwar Singh, in their order, set aside the Patna High Court’s decision and observed that considering the prolonged custody of the accused and delays in the trial, they are entitled to bail.
The case is connected to RC‑31/2022/NIA/DLI filed by the National Investigation Agency (NIA). The FIR was registered on 12 July 2022 at Phulwarisharif Police Station, Patna. The accused are facing charges under various sections of the Indian Penal Code (IPC) — 120B, 121, 121A, 122, 153A, 153B, and 34 — along with provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) under sections 10, 13, 17, 18, 18A, 18B, and 20.
The five main accused granted bail are
Mohammad Reyaz Moarif: Allegedly managed PFI Bihar unit’s bank accounts and fund transfers.
Yaqub Khan alias Sultan Usman: Active in organizational activities and reportedly involved in arms supply.
Tanveer Barkati: Continued criminal activities after PFI ban, allegedly involved in ammunition supply.
Md. Abid: Allegedly involved in arms and training activities.
Md. Bilal alias Irshad: Active in PFI training and other organizational activities.
The Supreme Court noted that out of a total of 170 witnesses, only nine have given their statements so far, and the trial may take several more years. The court also observed that several co-accused have already been granted bail, and on the principle of parity, similar relief should be extended to these five accused.
While granting bail, the court allowed the trial court to impose appropriate conditions. The Centre has also been empowered to move for cancellation of bail if the accused misuse the liberty, engage in illegal activities, or fail to cooperate in the trial.
The Supreme Court clarified that this order pertains only to bail and does not comment on the merits of the case.
Experts say this is being seen as the most significant judicial relief in the PFI case so far and could have an impact on other related cases.
