Patna High Court
Md. MuradversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner, finding no material reason to deny bail.
Summary
The petitioner, Md. Murad, was arrested in connection with a theft of Rs.58,000 and charged under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita. He contended that he was falsely implicated, was not named in the FIR, no stolen property was recovered from him, and no TIP was conducted. The charge‑sheet had already been filed, and co‑accused persons in the same case had been granted regular bail by this Court. Although the petitioner has three prior criminal antecedents, all are currently on bail and he pledged to cooperate with the trial. The State opposed bail, but the Court, noting the lack of incriminating material against him, the precedent of bail to similarly situated co‑accused, and the absence of any risk of tampering or absconding, ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- Whether the petitioner is entitled to regular bail after the charge‑sheet has been filed under Sections 305 and 331(4) of the Bharatiya Nyaya Sanhita.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the absence of the petitioner’s name in the FIR, lack of recovery of stolen property, and no TIP affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 305, 331(4)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- charge sheet
- prior antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12767 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- VAINI District- Samastipur
======================================================
Md. Murad Son of Md. Israil Resident of Village - Bherokhra, P.S.- Tajpur,
District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Section 305 and 331(4) of
Bharatiya Nyaya Sanhita.
3. It is alleged that some unknown miscreants
committed theft of Rs.58,000/- from the house of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to local village politics. Further submission is
that petitioner is not named in the F.I.R. His name has been
transpired during the course of investigation. Nothing has been
recovered from the possession of the petitioner. No T.I.P. has
been conducted. The charge-sheet has already been submitted
after completion of investigation. Similarly situated co-accused
Patna High Court CR. MISC. No.12767 of 2026(2) dt.26-02-2026
2/2
persons, namely, Shivam Kumar and Md. Shabir @ Md. Shaabir
have already been granted regular bail by different Co-ordinate
Benches of this Court vide orders dated 24.11.2025 and
10.12.2025 passed in Cr. Misc. Nos. 78579 of 2025 and 73500
of 2025 respectively. Petitioner is in custody since 02.06.2025.
Petitioner has got three criminal antecedents in which he is on
bail. He undertakes to co-operate in the trial. There is no chance
of tampering with the evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has been
submitted, similarly situated co-accused persons have been
granted bail and period of custody undergone, let the above
named petitioner be released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate, Samastipur/concerned Court in connection with
Waini P.S. Case No. 33 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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