Patna High Court
Md. Afroz @ Md. AfrojversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail may be granted subject to conditions of cooperation, personal presence at trial, weekly police‑station attendance and a monetary bond.
Summary
The petitioner, Md. Afroz, was arrested in connection with a bike‑theft case (Madhepura P.S. Case No.434 of 2025) alleged under Sections 317(4), 317(5) and 3(5) of the BNS. The prosecution’s case is that a co‑accused, Mithilesh Kumar, identified the petitioner as the person who escaped after the theft. The petitioner’s counsel argued that his name appears only in Mithilesh’s confessional statement and that there is no material recovery against him, despite his having 13 prior criminal cases and being in custody since 8 December 2025. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. After hearing both sides, the court decided to grant bail, imposing conditions of cooperation, personal appearance at every trial date, weekly attendance at the police station, and a bail bond of Rs 10,000 with two sureties. The order reflects the court’s balancing of the petitioner’s right to liberty against the nature of the allegations and his criminal history.
Issues considered
- Whether the petitioner is entitled to bail despite prior criminal antecedents and the charges under Sections 317(4), 317(5) and 3(5) of the BNS.
Legislation cited
- BNS — s. 317(4), 317(5), 3(5)
Subjects
- bail
- criminal antecedent
- confessional statement
- theft
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24782 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Md. Afroz @ Md. Afroj S/o Md. Rojit R/o Village - Bhirkhi, Ward no. 26,
P.S. - Madhepura, Dist. - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nasar Iqbal, Advocate
Mr. Nafisu Zzoha, Advocate
Ms. Afsha Mokhtar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Madhepura P.S. Case No.434 of 2025 registered for the
offence punishable under Sections 317(4), 317(5) and 3(5) of
the BNS.
3. The case of the prosecution, in short, is that two
persons were apprehended by local people on the charges of
stealing bike. One person managed to escape and one
apprehended person disclosed his name as Mithilesh Kumar and
he also disclosed the name of this petitioner as the person who
has managed to escape.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.24782 of 2026(2) dt.16-04-2026
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petitioner has submitted that from perusal of the FIR it will
transpire that the entire story revolves around co-accused
Mithilesh Kumar. Learned counsel for the petitioner has
submitted that the name of this petitioner has surfaced only on
the basis of confessional statement of Mithilesh. Learned
counsel for the petitioner has submitted that the petitioner has
been made accused in this case only on the basis of his criminal
antecedents. Petitioner is having criminal antecedent of 13 cases
and he is in judicial custody since 08.12.2025. Learned counsel
for the petitioner has lastly submitted that no recovery has been
made from the possession of the petitioner.
5. The application for bail is opposed by learned APP
for the State.
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 with the condition that
the petitioner shall co-operate in the trial; shall remain
physically present on each and every date in the trial court
and shall also mark his attendance weekly at Madhepura P.S.
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
Patna High Court CR. MISC. No.24782 of 2026(2) dt.16-04-2026
3/3
the court of learned C.J.M., Madhepura in connection with
Madhepura P.S. Case No.434 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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