Patna High Court
Md. Kadir @ Md. Qadir @ FirojversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
In the absence of material evidence against the petitioner and considering the precedent of bail to a co‑accused, the court granted bail subject to bond and conditions.
Summary
The petitioner, Md. Kadir, was arrested in connection with a robbery of Rs. 54,410 allegedly committed on 11 November 2024, and was charged under Sections 304, 134 and 3(5) of the B.N.S. The prosecution’s case rests mainly on a confessional statement of a co‑accused, Rijwan, who named the petitioner, while no material evidence or recovery was made from the petitioner’s possession. The petitioner contended that he is innocent, has been falsely implicated, and pointed to a prior bail order granted to a co‑accused in a similar case (Cr. Misc. No. 83595 of 2025). The State opposed bail, highlighting the petitioner’s antecedent of eleven criminal cases. After hearing both sides, the court held that the lack of substantive evidence and the precedent of bail to a co‑accused justified granting bail, subject to conditions. Accordingly, the petitioner was released on a bail bond of Rs.10,000 with two sureties and ordered to attend trial and weekly police‑station attendance.
Issues considered
- Whether bail can be granted in a case involving offences under Sections 304, 134 and 3(5) of the B.N.S. despite the seriousness of the alleged crime.
- Whether the confessional statement of a co‑accused alone suffices to deny bail to the petitioner.
- Whether the precedent of bail granted to a similarly situated co‑accused mandates the same relief for the petitioner.
Legislation cited
- B.N.S. — s. 134, 304, 3(5)
Subjects
- bail
- confessional statement
- criminal antecedent
- pre‑trial detention
- court discretion
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3125 of 2026
Arising Out of PS. Case No.-178 Year-2024 Thana- FULKAHA District- Araria
======================================================
Md. Kadir @ Md. Qadir @ Firoj S/o Late Md. Gaffar @ Gaffar Miyan
Resident of Village- Jagta Palar Tola, P.S.- Raniganj, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Fulkaha P.S. Case No. 178 of 2024 registered for the
offence punishable under Sections 304, 134 and 3(5) of the
B.N.S.
3. The case of the prosecution, in short, is that the
informant who is the Loan Officer in Unity Small Finance Ltd.
working at Palashi Branch. On 11.11.2024 at 7.40 A.M. he has
collected the cash. As he was going to Forbesganj at 2.10 P.M.,
unknown bikers intercepted him and took the bag containing Rs.
54,410/-.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.3125 of 2026(2) dt.06-02-2026
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committed no offence. He has been falsely implicated in this
case. The F.I.R. was lodged against unknown miscreants.
During course of investigation, one Rijwan was apprehended
and he has named this petitioner in his confessional statement.
Save and except this, nothing is against the petitioner. No
recovery has been made from his possession. He is languishing
in judicial custody since 10.09.2025. Learned counsel has
further submitted that similarly situated other co-accused person
has already been granted bail by this court vide Cr. Misc. No.
83595 of 2025. The case of this petitioner stands on similar
footing
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of eleven cases.
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. 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 the learned J.M. 1 st
Class, Araria in connection with Fulkaha P.S. Case No. 178 of
2024 with following conditions:-
Patna High Court CR. MISC. No.3125 of 2026(2) dt.06-02-2026
3/3
(i) The petitioner shall cooperate in trial and shall
remain physically present in the trial court on each and every
fixed date.
(ii) As most of the cases of the petitioner are from
Raniganj Police Station, so, he is also directed to mark his
weekly attendance at Raniganj P.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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