Patna High Court
Subhan @ Md. Subhan @ Md. Subhan MiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Subhan Miyan, was charged under Section 309(4) of the Bihar Negotiable Instruments Act for alleged theft of Rs.1,68,873. The prosecution’s case relied solely on a confessional statement of a co‑accused, Md. Juber, which named the petitioner, while no material was recovered from him and no T.I.P. was conducted. The petitioner contended that he was falsely implicated, had no evidence against him, and had been in judicial custody since 25 July 2025. The State opposed bail, highlighting the petitioner’s criminal antecedent of thirteen pending cases. After considering the lack of direct evidence and the similarity of the petitioner’s situation to co‑accused who were previously granted bail, the Court ordered his release on regular bail with a bond and conditions.
Issues considered
- Whether regular bail can be granted in a case under Section 309(4) of the Bihar Negotiable Instruments Act when the only evidence is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether the absence of material recovery and a T.I.P. affects the bail decision.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- bail
- regular bail
- confessional statement
- criminal antecedent
- Section 309
- Bihar Negotiable Instruments Act
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11999 of 2026
Arising Out of PS. Case No.-169 Year-2024 Thana- FULKAHA District- Araria
======================================================
Subhan @ Md. Subhan @ Md. Subhan Miyan, S/O Late Khatru, R/O Vill.-
Tappu Tola, Pipra Ghat, P.S.- Jogbani, Dist.- Arraria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and Mr
learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 309(4) of the
BNS.
3. The case of the prosecution, in short, is that the
informant is a Manager in Bharat Financial Inclusion Limited,
Forbesganj Branch. That Branch is working in the house of one
Kamran Ansari. On 24.10.2024 after collecting the cash from
different centers, as the informant reached near Bhodhar and
made collection in the courtyard of one Rajmun and while he
was going towards the Forbesganj at 05:40 PM, two unknown
miscreants intercepted him and took away Rs.1,68,873/- from
the informant.
Patna High Court CR. MISC. No.11999 of 2026(2) dt.18-02-2026
2/3
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. The FIR was lodged against
unknown miscreants. During course of investigation, co-accused
Md. Juber has given his confessional statement and in his
confessional statement, name of this petitioner has surfaced. It
has further been submitted that save and except the confessional
statement of co-accused, there is nothing against him. No
recovery has been made from his possession. No T.I.P. was
conducted. It has also been submitted that Md. Juber and other
accused Md. Ahsan have been granted bail by this Court vide
Cr. Misc. No. 55583 of 2025. The case of this petitioner stands
on similar footing. Moreover, he is languishing in judicial
custody since 25.07.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail and has submitted that
petitioner is having criminal antecedent of thirteen cases.
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
Fulkaha P.S. Case No. 169 of 2024 on furnishing bail bond of
Patna High Court CR. MISC. No.11999 of 2026(2) dt.18-02-2026
3/3
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned JM- 1st Class, Araria with the
following conditions:-
(I) The petitioner shall cooperate in the trial and
shall remain physically present on each and every date fixed
by learned trial Court.
(ii) Petitioner shall mark his attendance weekly at
Forbesganj P.S., failing which the learned trial Court will
have liberty to pass any order in accordance with law.
(Ashok Kumar Pandey, J)
lata/-
U T
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