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Patna High Court

Md. Samir @ Md. Samir Khan @ SanniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Samir Khan, applied for regular bail in a theft case (PS Rahui Case No. 673 of 2024) registered under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita. He contended that he was falsely implicated, not named in the FIR, and that no incriminating material or identification parade had been conducted against him; the lower court had denied bail solely on his criminal antecedents. The State opposed the bail. After hearing both sides, the High Court held that the petitioner was entitled to bail, subject to a cash bond of Rs.10,000 with two sureties and several conditions regarding trial cooperation, reporting to the police, and non‑tampering with evidence. The court ordered his release on bail with the stipulated conditions. The application was allowed.

Issues considered

  • Whether bail should be granted in a case under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita despite the accused's extensive criminal antecedents.
  • Whether the absence of the accused's name in the FIR, lack of recovered material, and no identification parade constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • regular bail
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • Section 331(4)
  • Section 305(a)
  • theft
  • bail conditions
  • identification parade

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.117 of 2026
                        Arising Out of PS. Case No.-673 Year-2024 Thana- RAHUI District- Nalanda
                 ======================================================
                 Md. Samir @ Md. Samir Khan @ Sanni Son of Md. Noorhasan Khan
                 Resident of Village- Khanmirza Gaus, P.S.- Sultanganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhirendra Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seek regular bail in Rahui (Bhagan

                   Bigha) P.S. Case No. 673 of 2024 dated 22-12-2024, registered

                   under Sections 331(4) and               305(a) of the Bharatiya Nyaya

                   Sanhita.

                                3. The allegation is of theft at the informant’s house

                   by unknown persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that the petitioner is not

                   named in the FIR and has been arrayed as an accused merely on

                   the basis of his criminal antecedents. It is submitted that no

                   incriminating article has been recovered either from the
Patna High Court CR. MISC. No.117 of 2026(2) dt.15-01-2026
                                            2/3




          conscious possession or from the house of the petitioner and no

          Test Identification Parade (T.I.P.) has been conducted till date. It

          is further submitted that there is no cogent material on record to

          connect the petitioner with the alleged occurrence. It is also

          submitted that the petitioner’s prayer for bail has been rejected

          by the learned court below only on the ground of his criminal

          antecedents. Lastly, it is submitted that the petitioner has been in

          custody since 04.08.2025 and has 13 criminal cases pending

          against him. The charge-sheet has already been submitted in the

          present case.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

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

          each to the satisfaction of the learned CJM Nalanda at

          Biharsharif, in connection with Rahui P.S. Case No. 673 of

          2024 subject to the following conditions: -(i) that the petitioner

          shall co-operate in the trial and shall be properly represented on

          each and every date fixed by the Court and on his absence on

          two consecutive dates without sufficient reason, his bail bond
           Patna High Court CR. MISC. No.117 of 2026(2) dt.15-01-2026
                                                       3/3




                     shall be cancelled by the court below, (ii) that one of the bailors

                     will be his own blood relation, preferably father, mother,

                     brother, sister and or his wife, (iii) that the bailor shall also state

                     on affidavit that he will inform the court concerned if the

                     petitioner is made accused in any other case of similar nature

                     after his release in the present case and thereafter the court

                     below will be at liberty to initiate the proceeding for

                     cancellation of bail on ground of misuse (iv) that if the

                     petitioner tampers with the evidence or the witnesses, in that

                     case, the prosecution will be at liberty to move for cancellation

                     of bail and (v) that the petitioner will appear before the SHO of

                     concerned PS in the first week of each month till conclusion of

                     the trial.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U      T


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