Patna High Court

Md. Pyare Rain @ Md. Pyare @ Md. Payare RainversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the lack of substantive evidence against the petitioner, apart from the co‑accused’s statement, warrants the grant of regular bail despite his antecedents.

Summary

The petitioner, Md. Pyare Rain, was charged under sections 379 and 34 of the IPC for alleged involvement in a theft of a lady’s bag at Rambadrpur railway station. The prosecution’s case relied mainly on the statement of a co‑accused, Niyaz, who named the petitioner, with no material recovered from the petitioner’s possession. The petitioner argued that he is innocent, that the only incriminating evidence is the co‑accused’s statement, and that he has been in judicial custody since 25 September 2025. The State opposed bail, highlighting six prior criminal antecedents of the petitioner. After considering the paucity of direct evidence and the petitioner’s right to liberty, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, attendance at trial, and weekly reporting to Hayaghat Police Station.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under sections 379 and 34 of the IPC
Whether the mere inclusion of the petitioner’s name in a co‑accused’s statement suffices to justify continued detention
Whether the petitioner’s six prior criminal antecedents preclude the grant of bail

Legislation cited

Indian Penal Code — s. 34, 379

Subjects

bail
theft
common intention
criminal antecedents
Indian Penal Code
high court
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10579 of 2026
                     Arising Out of PS. Case No.-295 Year-2023 Thana- SAMSTIPUR RAIL P.S District-
                                                        Samastipur
                 ======================================================
                 Md. Pyare Rain @ Md. Pyare @ Md. Payare Rain Son of Md. Irfan R/o
                 Village - Rasalpur, P.O. and P.S.- Hayaghat, District - Darbhanga, State -
                 Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhigyan Kumar
                 For the Opposite Party/s :       Mr.Nand Kishore Prasad
                 ======================================================
                 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 regular bail in a case

                   registered for the offence punishable under sections 379 and 34

                   of the IPC.

                                3. The case of the prosecution is that the informant

                   along with his wife was going by a train. As they reached

                   Rambadrpur, Railway Station, unknown miscreants have took

                   away the lady’s bag and on alarm being raised, one person was

                   apprehended who was identified as Niyaz.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the name of this
Patna High Court CR. MISC. No.10579 of 2026(2) dt.23-02-2026
                                            2/3




          petitioner has surfaced in the statement of apprehended person

          Niyaz. He has further submitted that save and except the

          statement of co-accused Niyaz, there is nothing against the

          petitioner. Nothing has been recovered from the possession of

          the petitioner. Moreover, he is languishing in judicial custody

          since 25.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having six criminal antecedents.

                       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 released on bail in connection with

          in Rail GRP/SPJ/PS Case No. 295 of 2023 on furnishing bail

          bond of Rs.10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate, Railway Samastipur, District Samastipur

          with following conditions:-

                       (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and every

          fixed date.

                       (ii) The petitioner is also directed to mark his weekly
            Patna High Court CR. MISC. No.10579 of 2026(2) dt.23-02-2026
                                                        3/3




                      attendance at Hayaghat P.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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