Patna High Court
Md. IbrahimversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner upon condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Md. Ibrahim, applied for bail in a case registered as Aurai P.S. Case No.201 of 2025 under Section 309(4) of the BNS, alleging that the FIR was lodged against unknown miscreants. The prosecution’s case is based solely on a confessional statement by co-accused Md. Rizwan, which mentions the petitioner, with no other material evidence, recovery, or tip conducted. The petitioner has been in judicial custody since 28‑11‑2025 and argues that there is insufficient basis to deny bail. The State opposed the bail, highlighting the petitioner’s two prior criminal cases as an antecedent. After hearing both sides, the court considered the lack of substantive evidence and the petitioner’s custody status, and ordered that bail be granted upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the BNS in the absence of evidence beyond a co-accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNS — s. 309(4)
Subjects
- bail
- Section 309(4)
- BNS
- confessional statement
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23032 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Md. Ibrahim S/O Md. Alauddin R/O Village- Mauna, P.S- Mahindwara,
Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Shankar Pathak, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Aurai P.S. Case No.201 of 2025 registered for the offence
punishable under Section 309(4) of the BNS.
3. The case of the prosecution, in short, is that
unknown miscreants on a bike looted away Rs.3,66,000/- and a
mobile from the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the FIR was lodged against
unknown miscreants. During course of investigation co-accused
Md. Rizwan has given his confessional statement and the name
of this petitioner has surfaced in the confessional statement of
Md. Rizwan. Save and except the confessional statement, there
Patna High Court CR. MISC. No.23032 of 2026(2) dt.08-04-2026
2/2
is nothing against the petitioner. No recovery has made and no
TIP was conducted. Learned counsel for the petitioner has
further submitted that the petitioner is in judicial custody since
28.11.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that petitioner is
having criminal antecedent of two cases.
6. Having heard learned counsel for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Judicial Magistrate, First Class, Muzaffarpur in connection with
Aurai P.S. Case No.201 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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