Patna High Court
Md. AfsarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Md. Afsar, was arrested on 30 July 2025 in connection with a theft case (PS Sohsarai Case No. 318 of 2024) alleged under Sections 331(4) and 305(B) of the Bihar Negotiable Instruments Act. The FIR does not name him; his alleged involvement emerged only from a confessional statement of a co‑accused, with no other material evidence, no TIP, and no recovery from his possession. The State opposed bail, highlighting that the petitioner has fourteen other criminal cases, though he is on bail in twelve of them. The Court noted the lack of direct evidence, the petitioner’s non‑naming in the FIR, and the absence of investigative steps, and therefore ordered his release on bail subject to a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate of Nalanda without delay for verification.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the only incriminating material is a co‑accused’s confessional statement.
- Whether the existence of multiple pending criminal cases affects the grant of bail in the present case.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305(B), 331(4)
Subjects
- bail
- FIR
- confessional statement
- co‑accused
- no material evidence
- Section 331
- Section 305
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15145 of 2026
Arising Out of PS. Case No.-318 Year-2024 Thana- SOHSARAI District- Nalanda
======================================================
Md. Afsar S/o Md. Iqram Resident of Mohalla - Sabzibagh (Darzi Tola), P.S-
Pirbahore, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Advocate
For the State : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Amir Alam, learned counsel for the
petitioner and Mr. Lalan Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
30.07.2025, in connection with Sohsarai P.S. Case No. 318 of
2024, F.I.R. dated 23.12.2024 registered for the offences
punishable under Sections 331(4) and 305(B) of the B.N.S.
3. The F.I.R. of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R. and the name of the
petitioner has been transpired during investigation on the basis
of confessional statement of co-accused person, namely, Md.
Samir @ Sanni and except the aforesaid, no other cogent
material has come during investigation to suggest the
Patna High Court CR. MISC. No.15145 of 2026(2) dt.10-03-2026
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involvement of the petitioner in the present occurrence and till
date no TIP was conducted by the prosecution and nothing has
been recovered from the conscious possession or the house of
the petitioner and petitioner has been remanded in the present
case from Barh P.S. Case No. 949 of 2024 and he is custody in
the present case since 30.07.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries fourteen more
cases other than the present one but fairly submits on the basis
of paragraph-3 of the bail petition that out of fourteen cases, the
petitioner is on bail in twelve cases.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person and till date no TIP
was conducted by the prosecution, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate
1st Class/concerned Court, Nalanda at Biharsharif in connection
with Sohsarai P.S. Case No. 318 of 2024, subject to the
Patna High Court CR. MISC. No.15145 of 2026(2) dt.10-03-2026
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following conditions :-
(1) 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 cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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