Patna High Court
Mohd. SubhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 134, 303(2), 317(2), 34
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
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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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