Patna High Court
Nahid AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Nahid Alam, sought bail in a theft case (PS Jiyapokhar Case No. 36 of 2025) charged under Sections 331(4) and 305 of the B.N.S. The prosecution alleged that unknown miscreants stole a suitcase containing valuables and cash, and that the petitioner, after being apprehended, disclosed the names of three co‑accused. The petitioner contended his innocence, highlighted that a bag was recovered based on his disclosure, no theft‑in‑possession (T.I.P.) was conducted, and that the recovered mobile belonged to him; he also pointed out that the co‑accused had already been granted bail and that he had no prior criminal record, having been in judicial custody since 25‑11‑2025. The State opposed bail. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 331(4) and 305 of the B.N.S. in view of the facts and the co‑accused already being released on bail
Legislation cited
- B.N.S. — s. 305, 331(4)
Subjects
- bail
- theft
- Section 331(4) B.N.S.
- Section 305 B.N.S.
- judicial custody
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10138 of 2026
Arising Out of PS. Case No.-36 Year-2025 Thana- JIYAPOKHAR District- Kishanganj
======================================================
Nahid Alam, S/o- Late Khalilur Rahman, R/o Village- Bandarjhula, Ward no-
09, PS- Jiyapokhar, Dist- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Jiyapokhar P.S. Case No. 36 of 2025 registered for the offence
punishable under Sections 331(4) and 305 of B.N.S.
3. The case of the prosecution, in short, is that unknown
miscreants have committed theft in the house of the informant.
The informant found that a suitcase containing gold and silver
ornaments and Rs. 15,000/- in cash i.e. total worth Rs. 6,50, 000/-
was stolen. It is further alleged that this petitioner was
apprehended and he disclosed the name of other three accused
persons.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.10138 of 2026(3) dt.10-04-2026
2/2
offence. It has further been submitted that one bag was recovered
on the disclosure of the petitioner but no T.I.P. has been conducted.
The alleged recovered mobile belongs to the petitioner. It has
further been submitted that the other co-accused persons have been
granted bail by this Court vide Cr. Misc. No. 8569 of 2026 and
10483 of 2026. Petitioner is having no criminal antecedent and he
is languishing in judicial custody since 25.11.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for 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
petitioner is directed to be enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-1, Kishanganj in connection with Jiyapokhar
P.S. Case No. 36 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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