Patna High Court
Md. SabirversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Sabir, sought regular bail in a case registered under sections 331(4) and 305 of the Bihar Negotiable Instruments Act for alleged theft of cash, jewellery and other articles. The prosecution alleged that unknown miscreants stole Rs. 60,000 in cash, jewellery worth Rs. 12 lakh and other articles worth Rs. 3 lakh from the informant’s house. The petitioner claimed innocence, stating he was falsely implicated, and highlighted that the only material linking him was a recovered ‘payal’ and a confessional statement, with no trail‑inventory (T.I.) of the recovered article. Despite his two prior criminal cases, the court considered the lack of substantive evidence and the petitioner’s custody since 08‑10‑2025. The court consequently ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite criminal antecedents and a confessional statement.
- Whether the recovery of a single article (‘payal’) without a trail‑inventory constitutes sufficient material to deny bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305, 331(4)
Subjects
- regular bail
- theft
- sections 331(4) and 305
- Bihar Negotiable Instruments Act
- confessional statement
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13666 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
Md. Sabir Son of Md. Mustafa Resident of Village- Kasbe Ahar, P.S.- Tajpur,
District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lakshmindra Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 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 331 (4) and
305 of the BNS.
3. The case of the prosecution, in short, is that
unknown miscreants committed theft in the house of the
informant and took away Rs. 60,000/- in cash, jewellery worth
Rs. 12 lakhs and other articles worth Rs. 3 lakhs.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
since the petitioner has criminal antecedents of two cases, he
was apprehended by the police and the petitioner has also made
Patna High Court CR. MISC. No.13666 of 2026(2) dt.12-03-2026
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a confessional statement. It has further been submitted that one
‘payal’ has been recovered from the possession of this
petitioner, which allegedly belongs to the informant. It has
further been submitted that no T.I. Parade of the recovered
article has been conducted. Save and except the confessional
statement and recovery of one ‘payal’, there is nothing against
the petitioner. The petitioner is in custody since 08.10.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid 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 Tajpur P.S. Case No. 179 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
ACJM-1st, Samastipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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