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Patna High Court

Md. Tayeb @ Mohammad TaiyavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                            2/3




          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/-

U     T


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