Patna High Court
Md. SalmanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to bail.
Summary
The petitioner, Md. Salman, was arrested in connection with a case involving assault with a cricket wicket, alleged to have occurred during a dispute among boys. He was charged under Sections 191(2), 190, 126(2), 115(2), 109(1) and 103(1) of the B.N.S. The petitioner contended that he was falsely implicated, noting that his name does not appear in the FIR and that the only evidence against him is the confessional statements of co‑accused. He has no prior criminal record and has been in judicial custody since 10 January 2026. The State opposed bail, but the Court, after considering the lack of direct evidence and the petitioner’s clean record, ordered that bail be granted on a bond of Rs.10,000 with two sureties. The order directs the petitioner to appear before the CJM as required.
Issues considered
- Whether bail should be granted when the only evidence against the accused is the confessional statements of co‑accused.
- Whether the absence of the accused's name in the FIR and lack of prior criminal antecedents justify bail.
- Whether the nature of the offences under the B.N.S. warrants denial of bail.
Legislation cited
- B.N.S. — s. 103(1), 109(1), 115(2), 126(2), 190, 191(2)
Subjects
- bail
- criminal procedure
- confessional statement
- false implication
- assault
- judicial custody
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18801 of 2026
Arising Out of PS. Case No.-333 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Md. Salman, S/o Zainul Biryani @ Md Jainu, R/o vill - Chhajju, P.S -
Biharsharif, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Bihar (Biharsharif) P.S. Case No. 333 of 2025 registered for the
offence punishable under Sections 191(2), 190, 126(2), 115(2),
109(1) and 103(1) of B.N.S.
3. The case of the prosecution, in short, is that there was
some dispute between the boys on the point of playing cricket. It is
alleged that 15-20 boys came in a group and started assaulting Md.
Nadim with wicket. It is specifically alleged that Raj, Md. Amam,
Md. Isuf, son of Mintu Chudiwala and the son Abas have assaulted
with wicket.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.18801 of 2026(2) dt.25-03-2026
2/2
offence. He has been falsely implicated in this case. From perusal
of the F.I.R., it will transpire that the name of this petitioner is not
there in the F.I.R. His name has surfaced during investigation in
the confessional statement of co-accused, namely, Md. Shahjeb
and Damodar. It has further been submitted that save and except
the confessional statement of co-accused, there is nothing against
the petitioner. He was not present at the place of occurrence. He is
having no criminal antecedent and he is languishing in judicial
custody since 10.01.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for 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 enlarged on bail on furnishing bail bond
of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the
like amount each to the satisfaction of the learned C.J.M., Nalanda
at Biharsharif in connection with Bihar (Biharsharif) P.S. Case
No. 333 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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