Patna High Court
Zabi RoshanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, as the prosecution failed to produce substantive evidence beyond a co‑accused's confession.
Summary
Zabi Roshan was arrested on 8 August 2025 in connection with a loot case (PS Garbandanga Case No.30 of 2025) originally registered under Section 309(6) of the B.N.S., 2023 and later framed under Section 310(2). The petitioner was not named in the FIR; his name was derived solely from the confessional statement of a co‑accused, Kunain Reza, and no other material, tip‑off, or seized evidence linked him to the offence. The petitioner pleaded innocence and sought bail, arguing lack of substantive proof, while the State opposed bail, noting two other pending cases (for which the petitioner is already on bail). The Court examined the absence of the petitioner’s name in the FIR, the reliance on a co‑accused’s confession, and the lack of any TIP or recovered property, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to the Sessions Judge, Kishanganj, without delay for verification.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and is implicated solely on the basis of a co‑accused's confessional statement.
- Whether the absence of a tip‑off, recovered material, or other corroborative evidence justifies bail.
- Impact of the accused's other pending criminal cases on the bail decision.
Legislation cited
- B.N.S., 2023 — s. 309(6), 310(2)
Subjects
- bail
- confessional statement
- co‑accused
- FIR
- no TIP
- criminal antecedent
- Section 309
- Section 310
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16872 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- GARVANDANGA District- Kishanganj
======================================================
Zabi Roshan D/o Zehrul R/o Village- Kathamatha Dhanpatganj, PS-
Kochadhaman, Distt.- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the State : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Mritunjay Kumar, learned counsel for the
petitioner and Mr. Sucheta Yadav, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
08.08.2025, in connection with Garbandanga P.S. Case No. 30 of
2025, F.I.R. dated 24.07.2025 registered for the offences
punishable under Sections 309(6) of the B.N.S., 2023 but later
Charge has been framed against the petitioner under Section
310(2) of the B.N.S.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired on the
Patna High Court CR. MISC. No.16872 of 2026(2) dt.17-03-2026
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basis of confessional statement of co-accused person namely
Kunain Reza and except the confessional statement of co-accused
person, no other cogent material has come during investigation to
suggest the 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 possession of the petitioner. He
further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 08.08.2025.
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 two more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in the pending
matters.
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 Sessions Judge, Kishanganj in connection
Patna High Court CR. MISC. No.16872 of 2026(2) dt.17-03-2026
3/3
with Garbandanga P.S. Case No. 30 of 2025, subject to the
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//-
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