Created by Fuzzy Cloud

Patna High Court

Mehboob @ Mohd. Mehboob AnsariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.