Patna High Court
Md. Rizwan @ Md. RijwanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner upon furnishing a bond of Rs 10,000 with two sureties.
Summary
Md. Rizwan was arrested in connection with a theft of a motorcycle, the allegation arising from a confessional statement made in another case. He sought regular bail under Section 303(2) of the B.N.S., contending that he was innocent and that the FIR was based merely on suspicion. The State opposed the bail, emphasizing the seriousness of the offence. The court observed that a charge‑sheet had already been filed, the petitioner had been in custody since 1 September 2025, and there was no risk of absconding or tampering with evidence. Consequently, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The petition was disposed.
Issues considered
- Whether regular bail can be granted to the accused under Section 303(2) of the B.N.S. given the completed charge‑sheet and period of custody?
Legislation cited
- B.N.S. — s. 303(2)
Subjects
- regular bail
- Section 303(2)
- B.N.S.
- theft
- charge sheet
- sureties
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.314 of 2026
Arising Out of PS. Case No.-38 Year-2025 Thana- PURNAHYA District- Sheohar
======================================================
Md. Rizwan @ Md. Rijwan S/o Md. Jamil Akhtar @ Md. Jamil Akhatar R/o
Village - Bairganiya @ ward no. 13, Shiv Nagar, Chamra Godam @
Bairgania, P.O. - Bairganiya, P.S. - Bairganiya, District -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Purnahiya P.S. Case No. 38 of 2025 for the offences registered
under Section 303(2) of the B.N.S.
3. As per the prosecution, motorcycle of the informant
was stolen from his verandah. Name of the petitioner transpired
on the basis of his confessional statement in another case and he
has been remanded in this case on 01.09.2025.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case due to two previous criminal antecedents. F.I.R. was lodged
against unknown and only on the basis of suspicion,
Patna High Court CR. MISC. No.314 of 2026(3) dt.20-02-2026
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petitioner has been implicated in this case. After completion of
investigation, charge-sheet has already been submitted. There is
no chance of absconding the petitioner or tampering with the
evidence. Petitioner is in custody since 01.09.2025. He
undertakes to co-operate in the trial.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, charge-sheet has
already been submitted and also period of custody undergone by
the petitioner, let the petitioner, named above, be enlarged on
bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Sheohar/ concerned Court
in connection with Purnahiya P.S. Case No. 38 of 2025.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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