Patna High Court
Md. BulbulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail must be granted as the petitioner was only implicated by suspicion and no incriminating evidence was found against him.
Summary
The petitioner, Md. Bulbul, was not named in the FIR but was implicated in a robbery case (Puraini P.S. Case No. 144 of 2025) based on a confessional statement of co‑accused Md. Fahim. The FIR alleged theft of cash, identity documents and a mobile phone from a finance branch manager. The petitioner argued that no incriminating material had been recovered from his possession and that the only basis for suspicion was the co‑accused’s statement, despite his two prior criminal antecedents for which he is on bail. The State opposed the grant of anticipatory bail. The Court examined the prima facie evidence and found that, apart from the co‑accused’s statement, there was no substantive proof linking the petitioner to the offence. Consequently, the Court ordered that the petitioner be granted anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000 and two sureties of equal amount, under the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The order also imposed the usual conditions applicable to bail.
Issues considered
- Whether anticipatory bail should be granted when the only evidence against the petitioner is a co‑accused’s confessional statement and no material has been seized from him.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 304
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- suspicion
- confessional statement
- criminal antecedents
- robbery
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40826 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- PURAINI District- Madhepura
======================================================
Md. Bulbul, Son of Md. Jabbar, Resident of Village- Auray, Ward No. 1, P.S.-
Puraini, District- Madhepura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Dr Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Puraini P.S. Case
No. 144 of 2025 registered for the offences punishable
under Sections 304 of the Bhartiya Nyay Sanhita, 2023 (in
short, the ‘B.N.S.’).
3. As per FIR, some unknown miscreants looted cash
of Rs. 69,450/- including photo copies of Aadhar Card,
PAN Card etc. and also snatched mobile phone bearing No.
6283727211 and key of the motorcycle from the pocket of
the informant and fled away. It is alleged that informant was
working as Branch Manager in L & T Finance at Puraini
Branch.
Patna High Court CR. MISC. No.40826 of 2026(2) dt.24-06-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that during course of investigation on
the basis of confessional statement of co-accused Md.
Fahim, the name of petitioner transpired in the present
crime in question. It is submitted that nothing incriminating
has been recovered from conscious possession of this
petitioner during course of investigation till now and,
therefore, except suspicion arising out of his two criminal
antecedents, wherein he is on bail, nothing appears
incriminating against him.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as prima facie except suspicion
arising out of confessional statement of apprehended co-
accused, nothing incriminating appears against this
petitioner, accordingly, above-named petitioner, in the
event of his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.40826 of 2026(2) dt.24-06-2026
3/3
of learned A.C.J.M.-I, Udakishunganj, Madhepura/
concerned court in connection with Puraini P.S. Case No.
144 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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