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Patna High Court

Mohd. SubhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Mohd. Subhan and Mohd. Faiyaj, were arrested in connection with a theft of a gold chain worth Rs.56,000 at Warisaliganj railway station. The prosecution alleged that the chain was stolen and recovered from the petitioners, and that Rs.17,000 was also found on one of them. The petitioners contended they were falsely implicated, had no criminal antecedents, and no stolen articles were found in their conscious possession. The State opposed bail, but the court, considering the facts, period of custody, and lack of incriminating evidence, decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond per petitioner, two sureties, a family member as bailor, and mandatory appearance at trial dates.

Issues considered

  • Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita for offences under sections 134, 303(2), 317(2) and 34.
  • Whether the petitioners have been falsely implicated and lack sufficient evidence to justify continued detention.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • Bharatiya Nyaya Sanhita
  • sections 134
  • section 303(2)
  • section 317(2)
  • section 34

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2297 of 2026
                    Arising Out of PS. Case No.-584 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
           1.     Mohd. Subhan S/o- Md. Faiyza @ Md. Faiyaj R/v- Katrapur Bihar Sharif
                  Ps- Laheri Dist- Nalanda
           2.    Mohd Faiyaj @ Md. faiyza S/o- Md. Nazam R/v- Katrapur Bihar Sharif Ps-
                 Laheri Dist- Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Nandan Prasad, Advocate
                                                 Mr. Rajnish Kumar, Advocate
                 For the Opposite Party/s :      Mr.Brajendra Nath Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Warsaliganj P.S. Case No. 584 of 2025, instituted for the

                   offences under Sections 134,303(2), 317(2) and 34 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. Prosecution case, in short, is that on 03.11.2025,

                   while informant and his wife were standing at Warisaliganj

                   Railway station, in the meantime, an unknown miscreant

                   snatched golden chain worth of Rs. 56,000/- from the neck of

                   his wife. On raising alarm, the petitioner No.2 namely, Mohd

                   Faiyaj @ Md. faiyza was apprehend by the Police. On search, a
Patna High Court CR. MISC. No.2297 of 2026(2) dt.21-01-2026
                                            2/3




          gold chain was recovered and on the disclosure made by

          petitioner     No.2,     Mohd.       Subhan         (Petitioner   No.1)   was

          apprehended and on search Rs. 17000/- was recovered from his

          possession.

                       4. Learned counsel for the petitioners submitted that

          the petitioners have falsely been implicated in the present case.

          No incriminating/looted article has been recovered from the

          conscious possession of the petitioners. Learned counsel further

          submitted that petitioners have got no concern with the stolen

          golden chain. It has been submitted on behalf of the petitioners

          that the petitioners are in custody since 03.11.2025 and have no

          criminal antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail, after

          framing of charge, if not already framed, on furnishing bail

          bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Warsaliganj P.S.
           Patna High Court CR. MISC. No.2297 of 2026(2) dt.21-01-2026
                                                       3/3




                     Case No. 584 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioners.

                                  (II) The petitioners shall appear on each and every

                     date fixed at the trial. In case of default in such appearance on

                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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