Patna High Court
Md. Jahid Ali @ Jahid RainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail, emphasizing the lack of concrete evidence and the precedent of similar co-accused being released.
Summary
The petitioner, Md. Jahid Ali, was charged under sections 395 and 120B of the Indian Penal Code and section 3 of the Explosive Substances Act for alleged involvement in a robbery and possession of explosives. The prosecution alleged that miscreants looted cash and valuables from a house, while the petitioner claimed innocence, stating the FIR was lodged against unknown persons and that he had not been subjected to a Test Identification Parade. The petitioner also highlighted a prior confession in a different case and argued that his bail was denied despite similar co-accused having been released in Cr. Misc. No. 62936 of 2025. The State opposed bail, citing the petitioner’s criminal antecedent of twelve cases. The court, considering the lack of material evidence, absence of TIP, and the precedent, granted regular bail with conditions of trial cooperation and weekly attendance at the police station.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 395, 120B IPC and section 3 of the Explosive Substances Act.
- Whether the petitioner’s criminal antecedents justify denial of bail.
- Whether the absence of a Test Identification Parade and lack of recovered material affect the bail decision.
Legislation cited
- Explosive Substances Act — s. 3
- Indian Penal Code — s. 120B, 395
Subjects
- bail
- criminal antecedent
- IPC 395
- IPC 120B
- Explosive Substances Act
- Test Identification Parade
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2401 of 2026
Arising Out of PS. Case No.-31 Year-2023 Thana- KHAJAULI District- Madhubani
======================================================
Md. Jahid Ali @ Jahid Rain S/O Md. Rahmat Ali @ Rahmat Ali R/O Vill.-
Bharatpur, P.S.- Birendra Bazar, Distt.- Dhanusa, Nepal but in the order
impuged P.S name has been wrongly mentioned Madhubani (Nepal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 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 sections 395 and
120B of the Indian Penal Code and Section ¾ of the Explosive
Substance Act.
3. The case of the prosecution, in short, is that the
informant was sleeping in his house along with his wife, in the
meantime, some miscreants entered into the premises and looted
cash, gold, silver jewellery, a cheque book and other articles. It
is alleged that miscreants altogether looted a sum of Rs.
2,65,000/- in cash along with the aforesaid jewellery.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2401 of 2026(2) dt.06-02-2026
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petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
FIR has been lodged against unknown miscreants. It is further
submitted that the petitioner was apprehended in Deodha P.S.
Case No. 42 of 2023 and in that case he has confessed his guilt.
It is further submitted that nothing has been recovered from his
conscious possession. It is further submitted that he has been
framed in this case only on the basis of his criminal antecedents.
It is also submitted that the petitioner has not been put on Test
Identification Parade (TIP). Learned counsel has further
submitted that similarly situated other co-accused person has
already been granted bail by this Court vide Cr. Misc. No.
62936 of 2025. The case of this petitioner stands on similar
footing. Moreover, the petitioner is languishing in judicial
custody since 11.02.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail and has submitted that petitioner is
having criminal antecedent of twelve cases.
6. Considering the aforesaid 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 Khajauli P.S. Case No. 31 of 2023 on
Patna High Court CR. MISC. No.2401 of 2026(2) dt.06-02-2026
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furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Madhubani with following conditions:-
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) Petitioner is also directed to mark his weekly
attendance at Laukahi P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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