Patna High Court
Md. Tayeb @ Mohammad TaiyavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Md. Tayeb, was implicated in a case of looting a truck carrying edible oil, with the FIR naming unknown miscreants and his name later disclosed by a spy. He submitted a confessional statement, but no other material evidence was found against him and nothing was recovered from his possession. He had been in judicial custody since 6 October 2025, while the State opposed bail citing ten prior criminal cases. The court, after hearing both sides, found the lack of substantive evidence sufficient to grant regular bail, subject to a bond of Rs.10,000 with two sureties and conditions of trial cooperation and weekly police station attendance. Consequently, the petitioner was released on bail with the stipulated conditions.
Issues considered
- What is the appropriateness of granting regular bail in the absence of material evidence beyond a confessional statement?
- Do the petitioner’s prior criminal antecedents justify denial of bail under sections 126(2), 115(2), 123 and 309(4) of the BNS Act?
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 123, 126(2), 309(4)
Subjects
- regular bail
- confessional statement
- criminal antecedent
- Bihar Negotiable Instruments Act
- sections 126(2) 115(2) 123 309(4)
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12457 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- AKBARPUR District- Nawada
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Md. Tayeb @ Mohammad Taiyav S/o- Md. Nejamuddin @ Md. Nijamuddin
R/v- Mannipur, Rahimpur Ps- Vaishali Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-03-2026 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 126(2),
115(2), 123 and 309(4) of BNS.
3. The case of the prosecution is that three unknown
miscreants have looted the truck of the informant having
registration no. WB23C4975 which was carrying edible oil.
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 FIR was lodged
against unknown miscreants. The name of this petitioner was
disclosed by spy. After that, this petitioner has given his
confessional statement. Learned counsel has stated that save and
Patna High Court CR. MISC. No.12457 of 2026(2) dt.10-03-2026
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except confessional statement of the petitioner, there is nothing
against him. Nothing has been recovered from his possession.
The recovery of truck has been made from Ranchi. No TIP was
conducted. Moreover the petitioner is languishing in judicial
custody since 06.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of ten
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
Akbarpur P.S. Case No. 432 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Nawada 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) As most of the cases of the petitioner are from
Nemdarganj Police Station, so, he is also directed to mark his
Patna High Court CR. MISC. No.12457 of 2026(2) dt.10-03-2026
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weekly attendance at Nemdarganj P.S.
(Ashok Kumar Pandey, J)
shubham/-
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