Patna High Court
Md. IliyasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs. 10,000, two sureties, and specified conditions.
Summary
The petitioner, Md. Iliyas, was arrested on 25-12-2025 in connection with a railway station case (Begusarai Rail P.S. Case No. 92 of 2025) for alleged offences under Sections 305(c), 317(2) and 317(5) of the Bharatiya Nyay Sanhita, 2023, after police recovered four mobile phones and Rs. 1,050 from him. The petitioner pleaded innocence, claiming the FIR was fabricated and that no material beyond suspicion linked him to the crime. The prosecution opposed bail, highlighting three prior criminal antecedents, though noting he is already on bail in two other matters and one case is pending. The High Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and full disclosure of antecedents. The order directed the lower court to verify his antecedents but not to delay the bail on that ground.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bharatiya Nyay Sanhita and his prior criminal antecedents.
- Whether mere suspicion and lack of cogent material justify continued detention.
- What conditions, if any, should be imposed on the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 305(c), 317(2), 317(5)
Subjects
- bail
- criminal antecedent
- suspicion
- mobile phones seizure
- railway station
- Bharatiya Nyay Sanhita
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28715 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- BEGUSARAI RAIL P.S. District-
Begusarai
======================================================
Md. Iliyas S/O Md. Hadish @ Md. Hadis Village- Narayanpur, Mathurapur,
Paschim Tola, Ward No. 02, P.S.- Bhwanipur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Sandip Kumar Gautam, learned counsel
for the petitioner as well as Mr. Anil Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.12.2025 in connection with Begusarai Rail P.S. Case No. 92
of 2025, F.I.R. dated 25.12.2025 for the offences punishable
under Sections 305(c), 317(2), 317(5) of the Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, during patrolling at
the railway station, police recovered four mobile phones and Rs.
1050/- from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.28715 of 2026(2) dt.28-04-2026
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present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R and he has been
made accused merely on the basis of suspicion and except
suspicion, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 25.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries three criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the two cases and one case is pending for consideration
before competent Court of law.
6. Considering the aforesaid facts and circumstances,
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 the learned Additional
Chief Judicial Magistrate, Railway Barauni, Begusarai in
connection with Begusarai Rail P.S. Case No. 92 of 2025,
Patna High Court CR. MISC. No.28715 of 2026(2) dt.28-04-2026
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subject to 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
on his absence on two consecutive dates without sufficient
reason, his 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)
Suruchi/-
U T
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