Patna High Court

Md. Aman Mojahid Khan @ Md. Aman MojahidversusThe State of Bihar

Decided: 17 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that, in the absence of any incriminating material against the petitioner and considering the prolonged custody, bail should be granted subject to conditions.

Summary

The petitioner, Md. Aman Mojahid Khan, was arrested in connection with a theft of a pick‑up van under Section 379 of the Indian Penal Code. He contended that he was falsely implicated, not named in the FIR, and that the only basis for his involvement was the confessional statement of co‑accused persons, with no stolen property recovered from him. The prosecution opposed bail, while the petitioner highlighted the lack of incriminating material, absence of a T.I. parade, and his prolonged custody since March 2024, despite having seven prior criminal cases. The court examined these facts, noting the weakness of the evidence against him and the duration of his detention. Consequently, the court granted bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances.

Issues considered

Whether the petitioner is entitled to bail in the theft case under Section 379 IPC given the circumstances of evidence and custody

Legislation cited

Indian Penal Code — s. 379

Subjects

bail
theft
Section 379 IPC
criminal antecedents
co‑accused confession
court conditions
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2963 of 2026
                     Arising Out of PS. Case No.-63 Year-2024 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Md. Aman Mojahid Khan @ Md. Aman Mojahid S/O Md. Majhar Khan @
                 Majhar Khan R/o Village - Mohamadpur, P.S- Kamtaul, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baidyanath Prasad, Advocate
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   17-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in Kamtaul P.S. Case No.

                   63 of 2024, instituted for the offences punishable under Section

                   379 of the Indian Penal Code.

                                3. The prosecution case, in short, is that, pick-up van

                   bearing Registration No. BR07G-4859 loaded with DJ Dhamal

                   Radha Sound was stolen away by unknown thief from the

                   Darwaja of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.2963 of 2026(2) dt.17-01-2026
                                            2/3




          the petitioner further submitted that the petitioner is not named

          in the FIR. Name of the petitioner has transpired in this case on

          the basis of confessional statement of the co-accused. The stolen

          articles i.e. pick-up van including DJ sound box, etc. were

          recovered from the possession of co-accused Satish Kumar

          Paswan and Pradeep Mahto. No stolen articles have been

          recovered from the possession of the petitioner. No T.I parade

          has been conducted in this case. The petitioner is in custody

          since 18.03.2024 and has got seven criminal antecedents.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Kamtaul P.S. Case

          No. 63 of 2024, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.
           Patna High Court CR. MISC. No.2963 of 2026(2) dt.17-01-2026
                                                       3/3




                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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