Patna High Court
Md. SaifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Saif, applied for regular bail in a case registered under multiple sections of the B.N.S. for an alleged assault and robbery. The prosecution alleged that the accused, Md. Irshad, along with associates, attacked the informant's nephew, causing injuries and theft. The petitioner contended that he was not named in the FIR and was implicated only through a co-accused’s confessional statement, asserting his innocence and lack of prior criminal record. The State opposed the bail, but the court considered the facts, the parity with another co-accused who had been granted bail, and the absence of specific allegations against the petitioner. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond and sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being implicated solely through a co-accused's confessional statement
- Whether parity with similarly situated co-accused who were granted bail warrants granting bail to the petitioner
Legislation cited
- B.N.S. — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- bail application
- confessional statement
- co-accused parity
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23496 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- HAYAGHAT District- Darbhanga
======================================================
Md. Saif S/o- Alli Karim @ Md. Alli Karim @ Md. Ali Kareem R/o -
Baluaha, Ratnpura, P.S - Hayaghat, District - Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Hayaghat P.S. Case No.
14 of 2026 dated 22.01.2026 registered for the offences
punishable under Sections 126(2), 115(2), 118(2), 109, 303(2),
352, 351(2) and 3(5) of B.N.S.
3. As per the prosecution case, the informant alleged
that on 22.01.2026 at about 10.30 A.M., the nephew of
informant, namely, Sachin Jha was allegedly cal1ed by one Md.
Irshad over phone, near a tempo stand situated at Pachinm
Vilaspur, on the pretext of some urgent work. It is alleged that
when the informant’s nephew reached there, the co-accused
Md. Irshad along with 10-15 associates assaulted him and
Patna High Court CR. MISC. No.23496 of 2026(3) dt.07-05-2026
2/3
inflicted stab injuries on different parts of his body, causing
serious injuries. It is further alleged that the co-accused Md.
Irshad snatched a gold chain from the neck of the informant’s
nephew and a sum of Rs. 2,000/- from his pocket and they fled
away from the place of occurrence. Thereafter, the injured was
subsequently referred to D.M.C.H. Darbhanga, for better
treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that there is no specific
allegation against this petitioner rather the specific allegation of
assault is against the co-accused Md. Irshad. It is further
submitted that petitioner is not named in the FIR, the name of
the petitioner has transpired in this case on the basis of
confessional statement of co-accused, namely, Md. Belal before
police. Learned counsel for the petitioner has further submitted
that similarly situated co-accused Md. Meraz @ Md. Meraj @
Md. Mehraj has been granted the privilege of regular bail by the
Co-ordinate Bench of this Court vide order dated 16.04.2026
passed in Cr. Misc. No. 24743 of 2026. It has lastly been
submitted that petitioner is in custody since 23.01.2026 having
no criminal antecedent.
Patna High Court CR. MISC. No.23496 of 2026(3) dt.07-05-2026
3/3
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the entire facts and circumstances of
the case as well as the parity of co-accused, the petitioner above-
named is directed to be enlarged on bail on furnishing bail-bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Court concerned,
Darbhanga in connection with Hayaghat P.S. Case No. 14 of
2026.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…