Patna High Court

Md. ShahwajversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, holding that the lack of substantive evidence against him and the principle of liberty outweigh his antecedents.

Summary

The petitioner, Md. Shahwaj, applied for bail in a case registered under Sections 331(4) and 305(a) of the B.N.S., alleging theft of Rs. 3,50,000 and ornaments. The prosecution alleged that unknown miscreants committed the theft, but the FIR named no specific accused. The petitioner claimed innocence, stating that the FIR was lodged against unknown persons and that the only incriminating material was a confessional statement he gave in a separate case, with no recovery of the stolen property from him. Despite a criminal antecedent of seven cases and his remand from another case, the court examined the lack of direct evidence linking him to the offence. After hearing both sides, the court decided to enlarge the petitioner on bail, subject to a bond of Rs. 10,000 with two sureties and conditions of cooperation and regular attendance. The bail order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether bail should be granted to the petitioner under Sections 331(4) and 305(a) of the B.N.S. given the absence of direct evidence and his criminal antecedents
Whether the confessional statement in a separate case can be used to justify denial of bail

Legislation cited

B.N.S. — s. 305(a), 331(4)

Subjects

bail
criminal procedure
Section 331
Section 305
confessional statement
judicial custody
antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13692 of 2026
                    Arising Out of PS. Case No.-416 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Md. Shahwaj, S/O Md. Ali, Resident of Village- Chakdah Masoori tole, P.S.-
                 Rajnagar, District- Madhubani
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :      Mrs. Dr. Indiwar Kumari, 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

                   Rajnagar P.S. Case No. 416 of 2025 registered for the offence

                   punishable under Sections 331(4) and 305(a) of B.N.S.

                                3. The case of the prosecution, in short, is that unknown

                   miscreants have committed theft in the house of the informant and

                   have taken away Rs. 3,50,000/- in cash and ornaments.

                                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. As the petitioner is having

                   criminal antecedent of seven cases, he was remanded in this case

                   from Rajnagar P.S. Case No. 422 of 2025 wherein he has given his

                   confessional statement. It has further been submitted that save and
             Patna High Court CR. MISC. No.13692 of 2026(2) dt.12-03-2026
                                                         2/2




                       except the confessional statement, there is nothing against the

                       petitioner. No recovery has been made from his possession. He is

                       languishing in judicial custody since 27.11.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    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 A.C.J.M. 1 st ,

                       Madhubani in connection with Rajnagar P.S. Case No. 416 of 2025

                       with the following conditions:-

                                    (i) The petitioner shall cooperate in the trial and

                       shall remain physically present on each and every date in the

                       learned trial Court.

                                    (ii) He shall also mark his attendance weekly at

                       Rajnagar P.S.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T

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