Patna High Court
Md. ChandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Md. Chand was arrested on 22 June 2025 in connection with an FIR alleging theft of an informant's mobile phone and cash of Rs.650, under Sections 331(5), 305, 317(2) and 317(5) of the BNS Act, 2023. He filed a bail petition claiming the FIR was fabricated and that the police failed to comply with mandatory provisions of Sections 103 and 105 of the BNSS Act, 2023. The State opposed bail, noting six other similar pending cases, though the petitioner was already on bail in those matters. The Court examined the allegations, the procedural lapses, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions. The bail order also directed verification of the petitioner’s antecedents and stipulated cancellation of bail for non‑appearance or tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the pending charges under Sections 331(5), 305, 317(2) and 317(5) of the BNS Act, 2023.
- Whether the FIR complies with the mandatory provisions of Sections 103 and 105 of the BNSS Act, 2023.
- Whether the existence of six other pending cases affects the grant of bail.
Subjects
- bail
- FIR
- procedural compliance
- Sections 103 and 105
- theft
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16600 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- BARSOI District- Katihar
======================================================
Md. Chand Son of Hasibur Rahman Resident Of Village- Masjid Chowk,
Barsoi Police Station -Barsoi District -Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr.Ajit Kumar Singh, learned counsel for
the petitioner and Mr.Ram Naresh Ray, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
22.06.2025 in connection with Barsoi P.S. Case No. 118 of
2025, F.I.R. dated 22.06.2025 registered for the offence
punishable under Sections 331(5),305,317(2),317(5) of BNS,
2023.
3. As per FIR, the petitioner is a named accused in the
FIR, facing allegations of stealing of informant’s mobile and
cash of Rs.650/-.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.16600 of 2026(2) dt.16-03-2026
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alleged in the FIR. As per allegation in the FIR, the petitioner
has entered into the house of the informant and he has tried to
flee away from the place of occurrence and son of the informant
has informed the informant that one mobile phone, cash of
Rs.650/- and shirt missing was recovered from the place of
occurrence. Learned counsel for the petitioner submits that as
per FIR, the said Vivo Mobile Phone and cash of Rs.650/- was
recovered from possession of the petitioner but there is non-
compliance of the mandatory provisions of Sections 103 and
105 of BNSS, 2023 and the police, after investigation, submitted
the chargesheet against the petitioner and he is in custody since
22.06.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the
petitioner carries six more cases of similar nature other than the
present one but fairly submits that the petitioner is on bail in all
the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned CJM, Katihar in connection
with Barsoi P.S. Case No. 118 of 2025, with the following
Patna High Court CR. MISC. No.16600 of 2026(2) dt.16-03-2026
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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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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