Patna High Court
Mohammad Adham @ Md. Ali Adham @ Ali AdamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Mohammad Adham, was arrested in connection with a theft case (Case No.81/2024) alleged under Sections 334(1) and 303(2) of the B.N.S. He sought regular bail, claiming innocence and that he had been in custody since 2 May 2025, while acknowledging one prior criminal antecedent. The State, represented by the Additional Public Prosecutor, opposed the bail. The Court examined the facts, noting the nature of the offences and the petitioner’s willingness to cooperate, and decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the Supaul Police Station every Sunday, with non‑appearance leading to cancellation. Consequently, the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under Sections 334(1) and 303(2) of the B.N.S. and his prior criminal antecedent
- Whether conditions such as surety and regular police‑station attendance are sufficient for bail in this case
Legislation cited
- B.N.S. — s. 303(2), 334(1)
Subjects
- bail
- regular bail
- criminal procedure
- Sections 334(1) B.N.S.
- Section 303(2) B.N.S.
- attendance condition
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20857 of 2026
Arising Out of PS. Case No.-81 Year-2024 Thana- Araria Sangram District- Madhubani
======================================================
Mohammad Adham @ Md. Ali Adham @ Ali Adam S/O Late Md. Hatim R/O
Vill.- Mahua Ward no. 9, P.S. and Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Arariya
Sangram P.S. Case No. 81/2024 registered for the offences
punishable under Sections 334(1), 303(2) of B.N.S.
3. As per the prosecution case, petitioner is accused of
committing theft in a jewellery shop.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
one criminal antecedent and he is in custody since 02.05.2025.
The petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
Patna High Court CR. MISC. No.20857 of 2026(2) dt.01-04-2026
2/2
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
I, Jhanjharpur, District- Madhubani /concerned Court below in
connection with Arariya Sangram P.S. Case No. 81/2024.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Supaul Police Station, District- Supaul on every Sunday of the
month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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