Patna High Court
Mehboob @ Mohd. Mehboob AnsariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Mehboob Ansari was arrested in a case (Cr. Misc. No.22498 of 2026) alleging theft of a bag and a mobile phone from a train and assault on the owner, punishable under Sections 305(b) and 105 of the B.N.S. The FIR named unknown miscreants; during investigation a co‑accused, Anand Kumar Goshwami, gave a confessional statement implicating the petitioner, but no material was recovered from the petitioner and no Turn‑over of Property (T.I.P.) was conducted. The petitioner claimed innocence, argued that the only evidence against him was the co‑accused’s confession, and highlighted that the co‑accused had already been granted bail. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Court granted regular bail on a bond of Rs.10,000 with two sureties, directing release to the satisfaction of the Railway Magistrate.
Issues considered
- Whether bail should be granted when the only incriminating evidence is a co‑accused’s confessional statement and no material has been seized from the petitioner.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- B.N.S. — s. 105, 305(b)
Subjects
- bail
- confessional statement
- criminal antecedent
- theft from train
- assault
- Section 305(b) B.N.S.
- Section 105 B.N.S.
- turnover of property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22498 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- BHAGALPUR GRP CASE District-
Bhagalpur
======================================================
Mehboob @ Mohd. Mehboob Ansari, Son of Bablu @ Bablu Ansari, Resident
of Village- Qazipura, ward no. 02, Masjid ke pass, P.S.- Kahalgoan, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 305(b) and
105 of B.N.S.
3. The case of the prosecution, in short, is that
unknown miscreants have lifted a bag from a train and a mobile
of Realme company. While the lady whom these articles belong,
tried to chase the accused persons, she was pushed near the gate
of the running train due to which she fell down and sustained
injuries.
Patna High Court CR. MISC. No.22498 of 2026(2) dt.17-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. The FIR was lodged
against unknown miscreants. During course of investigation,
one Anand Kumar Goshwami has given his confessional
statement and he has named this petitioner in his confessional
statement. It has further been submitted that nothing has been
recovered from the possession of this petitioner. Save and
except the confessional statement of co-accused, there is
nothing against him. No T.I.P. was conducted. It has further
been submitted that co-accused Anand Kumar Goshwami has
been granted bail by this Court vide Cr. Misc. No. 91705 of
2025. Petitioner is languishing in judicial custody since
18.12.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail and has submitted that the
petitioner is having criminal antecedent of two cases.
6. Having heard 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 Bhagalpur G. R. P. S.
Patna High Court CR. MISC. No.22498 of 2026(2) dt.17-04-2026
3/3
Case No. 79 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 A.C.J.M.-cum-Railway Magistrate,
Bhagalpur.
(Ashok Kumar Pandey, J)
lata/-
U T
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