Patna High Court
Md. NizamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Nizam, was arrested on 15 July 2024 in connection with a robbery case (Section 395 IPC) alleged to have occurred on 27 April 2024, where eight miscreants broke into his house and stole valuables. The petitioner contended that his name does not appear in the FIR and that his alleged involvement was inferred solely from the confessional statements of co‑accused Amit Kumar, with no other material or a tip‑off investigation conducted by the police. The prosecution opposed bail, highlighting the petitioner’s antecedent of twelve other cases, although he is on bail in those matters. The court examined the lack of direct evidence, the reliance on a co‑accused’s confession, and the petitioner’s criminal history, and concluded that bail could be granted with strict conditions. Accordingly, the court ordered the release of the petitioner on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of his antecedents.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only incriminating material is a co‑accused's confessional statement.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- confessional statement
- criminal antecedent
- TIP
- robbery
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1312 of 2026
Arising Out of PS. Case No.-54 Year-2024 Thana- SAHIYARA District- Sitamarhi
======================================================
Md. Nizam S/O Ali Imam Nadaf @ Md. Aliman Resident of Village- Bhalahi,
P.S.- Bathnaha, Dist- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.07.2024 in connection with Sahiyara P.S. Case No. 54 of
2024 for the offence punishable under Section 395 of IPC.
3. The prosecution case, in brief, is that on 27.04.2024
in the night at 2:10 AM eight miscreants after breaking the door
entered into his house and on the point of pistol took the key of
Almirah and confined her wife in a room and went away after
committing loot in his house and all the accused persons were
concealing their face and took away mobile, ear rings, Mangal
Sutra, Asharfi, bangles and other ornaments has mentioned in
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the house of the informant and from the house of the brother of
the informant.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and name of the petitioner has
transpired during investigation on the basis of confessional
statement of co-accused, namely, Amit Kumar and the same has
been recorded with respect to Bajpatti PS Case No. 168 of 2024
and except the confessional statement of co-accused person, no
cogent material has come during investigation to suggest the
involvement of the petitioner in the present occurrence and
nothing has been recovered from the conscious possession of
the petitioner and till date no TIP has been conducted by the
prosecution. It is next submitted that police after investigation
has submitted charge-sheet and petitioner is in custody since
15.07.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that petitioner has antecedent of twelve
cases other than the present case but fairly submits that
petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances
that petitioner is not named in the FIR and the name of the
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petitioner transpired on the basis of confessional statement of
co-accused persons and till date no TIP has been conducted by
the prosecution as well as period of custody, let the petitioner,
above named, 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 the learned Additional District and
Sessions Judge, XIV, Sitamarhi in connection with Sahiyara P.S.
Case No. 54 of 2024, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. 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.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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