Created by Fuzzy Cloud

Patna High Court

Md. NizamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.1312 of 2026(4) dt.06-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.1312 of 2026(4) dt.06-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.1312 of 2026(4) dt.06-04-2026
                                                       4/4




                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.