Patna High Court
Md. Gulnaz Hussain @ Md. Gulnawaz Hussain @ FarooqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail as the circumstances are analogous to a co‑accused previously granted bail and there is no sufficient ground to refuse bail.
Summary
The petitioner, Md. Gulnaz Hussain, applied for bail in a case registered as Tajpur P.S. Case No. 179 of 2025, alleging offences under Sections 351(4) and 305 of the B.N.S., 2023. The prosecution alleged that unknown miscreants stole cash, jewellery and other articles worth approximately Rs. 75 lakh from the informant’s house. The petitioner claimed innocence, stating that he was identified only through CCTV footage and that only a small amount of cash and a nose‑pin were recovered from his possession, which he asserted belonged to him. He highlighted that a co‑accused, Md. Sabir, had previously been granted bail in a similar case (Cr. Misc. No. 13666 of 2026) and that he had no prior criminal record, having been in judicial custody since 08‑10‑2025. After hearing both sides, the court found no sufficient ground to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 351(4) and 305 of the B.N.S., 2023.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
- Whether the grant of bail to a co‑accused in a similar case warrants bail for the petitioner.
Legislation cited
- B.N.S., 2023 — s. 305, 351(4)
Subjects
- bail
- criminal procedure
- Section 351(4) B.N.S.
- Section 305 B.N.S.
- CCTV evidence
- co‑accused bail precedent
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20488 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- TAJPUR District- Samastipur
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Md. Gulnaz Hussain @ Md. Gulnawaz Hussain @ Farooque S/o Late Nazir
Hussain R/o Village - Dargah Road, Nagar Parishad, Ward No. 18, P.S.-
Tajpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hasnain Haider, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, 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
Tajpur P.S. Case No. 179 of 2025 registered for the offence
punishable under Sections 351(4) and 305 of the B.N.S., 2023.
3. The case of the prosecution, in short, is that unknown
miscreants committed theft in the house of the informant and took
away Rs. 60,000/- in cash, jewellery worth Rs. 12 lakhs and other
articles worth Rs. 3 lakhs.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that the name of the petitioner has surfaced during the
course of the investigation, as he was identified in CCTV footage.
He further submits that from the possession of this petitioner, four
Patna High Court CR. MISC. No.20488 of 2026(2) dt.10-04-2026
2/2
thousand rupees and a nose pin were recovered. He also submits
that the cash and nose pin belong to him. The nose pin was never
put on TIP. He further submits that similarly situated co-accused,
namely, Md. Sabir, has been granted bail by this court vide Cr.
Misc. No. 13666 of 2026. The case of this petitioner stands on
similar footing. Moreover, a statement has been made in para 3 of
the petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 08.10.2025.
5. The application for bail is opposed by learned APP
for the State.
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 A.C.J.M-I,
Samastipur in connection with Tajpur P.S. Case No. 179 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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