Patna High Court
Md. Kalam @ Mohammad KalamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated conditions.
Summary
Md. Kalam was arrested in connection with the theft of ornaments from the Durga Temple, the allegation arising solely from a co‑accused’s confessional statement and not from the FIR. He has been in custody since 28 May 2025 and has four prior criminal convictions. The petitioner sought bail, contending that he was falsely implicated, that no theft‑in‑property report had been filed and that no stolen articles were found in his possession. The State opposed the bail application. Considering the lack of direct evidence, the duration of custody and the petitioner’s antecedents, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions of family surety, regular appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner under Sections 303(2), 334(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the alleged offences.
- Whether the petitioner’s alleged false implication and the absence of a theft‑in‑property report justify the grant of bail.
- Whether the petitioner’s four prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1), 3(5)
Subjects
- bail
- theft
- false implication
- confessional statement
- prior convictions
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4263 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Md. Kalam @ Mohammad Kalam Son of Md. Hashim @ Md. Hasim
Resident of Village- Surtipatili, Surtipatti, Ward No. 01, P.S.- Supaul, District-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Birpur
(Balua Bazar) P.S. Case No. 31 of 2025 instituted for the
offences under Sections 303(2), 334(1), 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that four unknown
miscreants committed theft of ornaments in Durga Temple.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused Md. Hazrat @ Vijay Mian. No incriminating
Patna High Court CR. MISC. No.4263 of 2026(2) dt.28-01-2026
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article has been recovered from the conscious possession of the
petitioner. Learned counsel further submitted that T.I.P. has not
been conducted till date. Learned counsel further submitted that
petitioner has got no concern with the stolen articles. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 28.05.2025 and has four criminal antecedents.
Other co-accused has been granted bail by this Court vide order
dated 18-11-2025, passed in Cr. Misc. No. 68544 of 2025.
5. Learned A.P.P. 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 as also 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 Birpur (Balua
Bazar) P.S. Case No. 31 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.4263 of 2026(2) dt.28-01-2026
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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.
(III) 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.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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