Patna High Court

Md. Gaffar @ Shekh GaffarversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Md. Gaffar, applied for 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 and cash. The prosecution alleged that the theft occurred on 29.01.2025 and that a co‑accused, Md. Hazrat, named the petitioner in his confessional statement, though no material was recovered from the petitioner. The petitioner’s counsel argued that the FIR was lodged against unknown persons and that there is no direct evidence against him, while the State highlighted two prior criminal cases against the petitioner. After hearing both sides, the court considered the lack of substantive evidence and the petitioner’s claim of innocence, and decided to grant bail on condition of a Rs.10,000 bond with two sureties. The bail order was directed to be executed by the Additional Chief Judicial Magistrate, Birpur, Supaul.

Issues considered

Whether bail should be granted to the petitioner in view of the limited evidentiary material and the co‑accused’s confessional statement.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

B.N.S. — s. 303(2), 334(1), 3(5)

Subjects

bail
criminal procedure
theft
confessional statement
prior convictions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19998 of 2026
                        Arising Out of PS. Case No.-10 Year-2025 Thana- KARJAIN District- Supaul
                 ======================================================
                 Md. Gaffar @ Shekh Gaffar, Son of Late Shekh Chhotu, Resident of village -
                 Uttari Bhawanipur Murgiya Chowk, Ward No. 08, P.S. - Pratapganj, 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 :        Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Karjain P.S. Case No. 10 of 2025 registered for the offence

                   punishable under Sections 303(2), 334(1) and 3(5) of the B.N.S.

                                3. The case of the prosecution, in short, is that on

                   29.01.2025 at 5.45 A.M. as the informant reached near Kali temple

                   for offering the prayer, he saw two locks on the ground. As he

                   reached inside the temple, he came to know that certain jewellery

                   of the deity and Rs. 55,000/- from danpeti were stolen.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. The F.I.R. was lodged against unknown miscreants.

                   During course of investigation, one Vijay Miyan @ Md. Hazrat

                   was apprehended and he has given his confessional statement. The
             Patna High Court CR. MISC. No.19998 of 2026(2) dt.10-04-2026
                                                         2/2




                       name of this petitioner has surfaced in the confessional statement

                       of Md. Hazrat. It has further been submitted that save and except

                       the confessional statement of co-accused Hazrat, there is nothing

                       against the petitioner. Nothing has been recovered from his

                       possession. It has further been submitted that accused Md. Hazrat

                       @ Vijay Miyan has been granted bail by this Court vide Cr. Misc.

                       No. 80255 of 2025. He is languishing in judicial custody since

                       19.04.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioner

                       is having criminal antecedent of two cases.

                                    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 Additional Chief

                       Judicial Magistrate, Birpur (Supaul) in connection with Karjain

                       P.S. Case No. 10 of 2025.


                                                  (Ashok Kumar Pandey, J)

lata/-
U        T

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