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Patna High Court

Naushad Alam @ Naim AkhterversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Naushad Alam, was arrested in a theft case (PS Jiyapokhar Case No. 36 of 2025) alleged under Sections 331(4) and 305 of the B.N.S. The prosecution’s case rests on the recovery of gold, silver ornaments and cash from a third party’s house and the statement of co‑accused Nahid Alam, who identified the petitioner. The petitioner’s counsel argued that the recovered items belong to the third party, no theft‑in‑process (T.I.P.) was conducted, and there is no other evidence against him; he also has no prior criminal record and has been in custody since 25‑11‑2025. The State opposed bail. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted in a case involving offences under Sections 331(4) and 305 of the B.N.S. when the only incriminating material is the co‑accused’s statement.
  • Whether the petitioner is likely to flee or tamper with evidence given the nature of the alleged theft.
  • Whether the absence of a theft‑in‑process (T.I.P.) and lack of other corroborative evidence warrants continued judicial custody.

Legislation cited

Subjects

  • bail
  • theft
  • Section 331(4)
  • Section 305
  • co‑accused testimony
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10483 of 2026
                    Arising Out of PS. Case No.-36 Year-2025 Thana- JIYAPOKHAR District- Kishanganj
                 ======================================================
                 Naushad Alam @ Naim Akhter S/o Md. Hussain @ Hasan Resident of
                 Village- Nijidpur, P.S.- Thakurganj, District- Kishanganj, Bihar
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mohammad Akhter Hussain, Advocate
                 For the Opposite Party/s :       Mr. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  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 one of the accused Nahid Alam

                   was apprehended who has disclosed the name of this petitioner.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. From perusal

                   of the seizure list it will transpire that from the house of one
            Patna High Court CR. MISC. No.10483 of 2026(2) dt.23-02-2026
                                                        2/2




                      Iftekhar Alam, two bangles of silver, one silver chain and mobile

                      were recovered. It has further been submitted that no T.I.P. was

                      conducted of the stolen items and the recovery which has been

                      made from the house of Iftekar Alam belongs to him, it is not the

                      stolen article. It has also been submitted that save and except the

                      statement of the co-accused Nahid Alam, there is nothing against

                      the petitioner. Learned counsel for the petitioner has submitted

                      that the 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)
durgesh/-
U      T


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