Patna High Court
Md Hajrat @ Vijay MiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md Hajrat @ Vijay Miyan Son Md. Sadik, sought regular bail in a case registered under sections 303(2), 334(1) and 3(5) of the B.N.S. for alleged theft of temple jewellery. The prosecution alleged that unknown miscreants stole the jewellery, but the FIR named no specific individual. The petitioner, who has eight prior criminal cases, submitted a confessional statement but argued that the FIR was against unknown persons and that no material linked him to the crime. The State opposed bail, while the petitioner’s counsel highlighted that a co‑accused, Md. Shahadat, had been granted bail in a similar case. Considering the circumstances, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 303(2), 334(1) and 3(5) of the B.N.S. despite his criminal antecedents and a confessional statement.
- Whether the grant of bail to a co‑accused in a similar case is determinative for the petitioner’s bail application.
Legislation cited
- B.N.S. — s. 303(2), 334(1), 3(5)
Subjects
- bail
- criminal procedure
- theft
- temple jewellery
- confessional statement
- antecedent
- similar case precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1578 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Md Hajrat @ Vijay Miyan Son Md. Sadik @ Md. Saddik Resident of Village
- Ram Nagar, Ward No. 10, Police Station - Pipra, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 303(2),
334(1) and 3(5) of B.N.S.
3. The case of the prosecution is that unknown
miscreants have stolen the jewellery of the deity from a temple.
The details of which are given in the FIR.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the FIR was lodged
against unknown miscreants. As the petitioner is having
criminal antecedent of eight cases, he was apprehended in this
case. He has given his confessional statement. Save and except,
Patna High Court CR. MISC. No.1578 of 2026(2) dt.31-01-2026
2/2
the confessional statement, there is nothing against him. No TIP
was conducted of the stolen articles or the person. Moroever, he
is languishing in judicial custody since 02.04.2025. It has also
been submitted that co-accused person, namely, Md. Sahadat @
Md. Shahadat has already been granted bail by learned co-
ordinate Bench of this Court vide order dated 18.11.2025 passed
in Cr. Misc. No. 68544 of 2025. The case of this petitioner
stands on similar footing.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Birpur (Balua Bazar) P.S. Case No. 31 of 2025 on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Birpur (Supaul).
(Ashok Kumar Pandey, J)
Shubham/-
U T
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