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Patna High Court

Md. Jahid Ali @ Jahid RainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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