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Patna High Court

Md. Afroz @ Md. AfrojversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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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