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Patna High Court

Md. Kalam @ Mohammad KalamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Kalam, sought regular bail in a case registered under Sections 303(2), 334(1) and 3(5) of the BNS for alleged theft of jewellery and cash from a temple. The prosecution alleged that the petitioner was identified in a confessional statement of a co‑accused, though no material was recovered from his possession. The petitioner argued that the FIR was lodged against unknown miscreants and that the only incriminating evidence was the co‑accused’s statement. The State opposed bail, highlighting the petitioner’s three prior criminal cases. After hearing both sides, the court considered the lack of direct evidence and the circumstances, and ordered the petitioner’s release on bail upon furnishing a bond with two sureties. The bail was granted subject to the conditions prescribed by the J.M.F.C. of Birpur, Supaul.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being named in a co‑accused’s confessional statement and having prior criminal antecedents.

Legislation cited

  • BNS — s. 303(2), 334(1), 3(5)

Subjects

  • bail
  • confessional statement
  • criminal antecedent
  • theft
  • religious property
  • BNS
  • Sections 303(2)
  • Section 334(1)
  • Section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2058 of 2026
                        Arising Out of PS. Case No.-10 Year-2025 Thana- KARJAIN District- Supaul
                 ======================================================
                 Md. Kalam @ Mohammad Kalam Md. Hashim @ Md. Hasim Resident of
                 Village - Surtipatili, Surtipatti, Ward No. 01, Police Station - Supaul, 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. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and Mr. Manoj

                   Kumar, learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 303(2),

                   334(1) and 3(5) of the BNS.

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

                   29.01.2025 at 05:45 A.M. as the informant reached near Kali

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

                   The temple was open. When he entered in the temple he saw that

                   silver mukut, chain and other jewellery of the deities were

                   missing. It is further alleged that Rs.55,000/- in cash were stolen

                   by the unknown miscreants.

                                4. Learned counsel for the petitioner has submitted that

                   the FIR was lodged against unknown miscreants. During course of
            Patna High Court CR. MISC. No.2058 of 2026(2) dt.05-02-2026
                                                        2/2




                      investigation one Vikay Mian @ Md. Hazrat has given his

                      confessional statement and the name of this petitioner has surfaced

                      in the confessional statement. It has been submitted that nothing

                      has been recovered from the possession of this petitioner. It has

                      further been submitted that save and except the confessional

                      statement of the co-accused, there is nothing against this petitioner.

                      The petitioner is in custody since 19.04.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the bail and has submitted that the

                      petitioner is having criminal antecedent of three 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 released on bail in connection with

                      Karjain P.S. Case No. 10 of 2025 on furnishing bail bond of

                      Rs.10,000/- (Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned J.M.F.C., Birpur, Supaul.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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