Patna High Court
Md. Meraj @ InduversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Md. Meraj @ Indu, was arrested in connection with a theft of a bicycle under Section 303(2) of the B.N.S. The FIR named unknown miscreants, but a co-accused, Rahul Kumar, later gave a confessional statement implicating the petitioner, while no material was recovered from the petitioner. The petitioner argued innocence and lack of evidence beyond the co-accused’s statement, having been in judicial custody since 4 June 2025. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 303(2) of the B.N.S. when the only incriminating material is a co-accused’s confessional statement and no property has been recovered.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 303(2)
Subjects
- bail
- criminal procedure
- theft
- confessional statement
- prior criminal antecedent
- Section 303(2)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13682 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Md. Meraj @ Indu, S/O Md. Tufail, Resident of Village- Millikichak, Police
Station- Bahandurpur, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, 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 bail in connection
with Laheriasarai P.S. Case No. 260 of 2025 registered for the
offence punishable under Section 303(2) of B.N.S.
3. The case of the prosecution, in short, is that
unknown miscreants have stolen the bike of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants.
During course of investigation, one co-accused Rahul Kumar
has given his confessional statement and the name of this
petitioner has surfaced in his confessional statement. It has
Patna High Court CR. MISC. No.13682 of 2026(2) dt.12-03-2026
2/2
further been submitted that nothing has been recovered from the
possession of this petitioner. It has also been submitted that save
and except the confessional statement of co-accused, there is
nothing against him. He is languishing in judicial custody since
04.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of three 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Darbhanga in connection with Laheriasarai P.S. Case No. 260 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…