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Patna High Court

Md. Meraj @ InduversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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