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Patna High Court

Phul Hasan @ Phul BabuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with a bond of Rs 10,000 and specific conditions.

Summary

The petitioner, Phul Hasan, was arrested on 19‑12‑2025 in connection with a 2017 theft case (Sakri P.S. Case No. 149) under Sections 379 and 414 of the IPC. The FIR was initially filed against an unknown person, and the petitioner’s name was later recorded based on a confessional statement in the case diary. No other incriminating material was found against him, and the State opposed bail, noting that he has nine other pending cases, though he is already on bail in those matters. The court considered the lack of substantive evidence, the petitioner’s existing bail status in other cases, and the conditions that could be imposed. It ordered his release on bail with a Rs 10,000 bond and two sureties, subject to conditions of cooperation, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in a theft case where the only basis for accusation is a confessional statement recorded during investigation.

Legislation cited

Subjects

  • bail
  • theft
  • IPC Section 379
  • IPC Section 414
  • confessional statement
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26452 of 2026
                       Arising Out of PS. Case No.-149 Year-2017 Thana- SAKRI District- Madhubani
                 ======================================================
                 Phul Hasan @ Phul Babu S/O Late Fajlur Rahman @ Late Fazlu Ansari
                 Resident of Village- Rahika Bazar, Police Station- Rahika, District-
                 Madhubani

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashad, Advocate
                 For the Opposite Party/s :        Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                  Heard Mr.Ashad, learned counsel for the petitioner

                   and Mr.Abhay Kumar, learned Additional Public Prosecutor for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   19.12.2025 in connection with Sakri P.S. Case No. 149 of 2017,

                   F.I.R. dated 14.11.2017 registered for the offence punishable

                   under Sections 379 and 414 of IPC.

                                3. The FIR of the occurrence of theft is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not named in the FIR. The FIR has been

                   instituted against unknown person. The name of the petitioner

                   has been transpired during investigation on the basis of the self-
Patna High Court CR. MISC. No.26452 of 2026(2) dt.20-04-2026
                                            2/3




          confessional statement of the petitioner which was recorded in

          paragraph-31 of the case diary. Learned counsel for the

          petitioner submits that except the aforesaid, nothing has come

          during investigation against the petitioner to suggest the

          involvement of the petitioner in the present occurrence and the

          police, after investigation, submitted the chargesheet against the

          petitioner on 30.12.2025 and the petitioner is in custody since

          19.12.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner carries 09 more cases other than the present one but

          fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Chief Judicial Magistrate,

          Madhubani in connection with Sakri P.S. Case No. 149 of

          2017,with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.26452 of 2026(2) dt.20-04-2026
                                                           3/3




                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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