Patna High Court
Naushad Alam @ Naim AkhterversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S. — s. 305, 331(4)
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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