Created by Fuzzy Cloud

Patna High Court

Md. Niyaj @ Md. NiyazversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Niyaj, was arrested in connection with a case involving the alleged firing on an informant’s vehicle, leading to charges under Sections 307 and 34 of the IPC and Section 27 of the Arms Act. He contended that he was not named in the FIR and was implicated only through a co‑accused’s confessional statement, asserting his innocence. The prosecution opposed bail, highlighting nine prior criminal cases against him, though three were pending, three he was on bail for, and three he had been acquitted of. The court noted that a similarly situated co‑accused had been granted bail by a coordinate bench and that the petitioner’s lack of naming in the FIR warranted relief. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, while allowing verification of his criminal antecedents.

Issues considered

  • Whether bail should be granted to an accused not named in the FIR but implicated through a co‑accused’s confession.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • attempt to murder
  • common intention
  • Arms Act
  • criminal antecedents
  • Indian Penal Code
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15305 of 2026
                    Arising Out of PS. Case No.-40 Year-2024 Thana- CHERIYA BARIYARPUR District-
                                                         Begusarai
                 ======================================================
                 Md. Niyaj @ Md. Niyaz S/O Md. Naim @ Nayeem Resident Of Village- Tara
                 Bariyarpur West, Ward No. 1, P.s.- Khodawandpur, Dist.- Begusarai

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashi Dhar Jha, Advocate
                 For the Opposite Party/s :      Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-03-2026                      Heard Mr. Shashi Dhar Jha, learned counsel for the

                   petitioner and Mr. Mithlesh Kumar Khare, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail in connection with S.T. No. 55

                   of 2025 arising out of Cheria Bariyarpur P.S. Case No. 40 of

                   2024, F.I.R. dated 25.02.2024 for the offences punishable under

                   Sections 307 and 34 of the IPC and Section 27 of the Arms Act.

                               3. According to prosecution case, five accused persons

                   intercepted the informant and his son and started firing upon

                   their vehicle due to which the vehicle got uncontrolled and hit

                   the electric pole.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.15305 of 2026(2) dt.12-03-2026
                                            2/3




          present case. He further submits that the petitioner is not named

          in the F.I.R and his name has been transpired during

          investigation on the basis of confessional statement of the co-

          accused, namely, Nitesh Kumar and the said Nitesh Kumar has

          been granted regular bail by a Co-ordinate Bench of this Court

          vide order dated 14.02.2025 passed in Cr. Misc. No. 86315 of

          2024. The petitioner has been remanded in the present case from

          Cheriya Bariyarpur P.S. Case No. 79 of 2024 on 02.07.2024.

                      5    Learned       Additional        Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries nine criminal antecedents other

          than the present one but fairly submits that out of nine cases he

          is on bail in three cases, in three cases he has been acquitted by

          the learned trial court and rest three cases are pending for

          consideration before the competent court of law.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner is not named in the F.I.R, similarly situated

          co-accused person has been granted bail by a Co-ordinate Bench

          of this Court as well as period of custody, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Additional Sessions Judge
            Patna High Court CR. MISC. No.15305 of 2026(2) dt.12-03-2026
                                                        3/3




                      Manjhaul, Begusarai in connection with S.T. No. 55 of 2025

                      arising out Cheria Bariyarpur P.S. Case No. 40 of 2024, subject

                      to the following conditions:-

                                    i. 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.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                    iii. 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 antecedent, 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)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.