Patna High Court
Md. Samir @ Md. Samir Khan @ SanniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita — s. 305(a), 331(4)
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
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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
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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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