Patna High Court

Md. Kaif @ Md. Kaif WaseemversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is to be granted to the petitioner in the present case.

Summary

The petitioner, Md. Kaif, was arrested in connection with G.R. Case No.225 of 2025 for alleged offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, involving threats to an informant and the forced transfer of Rs 20,000. He contended that he was falsely implicated, noting that his name does not appear in the FIR and that it was derived solely from a self‑confessional statement recorded by police, which he argued lacks evidentiary value. No incriminating article was recovered from his possession, and he had been in custody since 17 September 2025 despite having two prior criminal antecedents. The State opposed bail, while the court observed that the co‑accused had already been released on bail and that the petitioner’s prolonged detention was not justified. Considering the lack of substantive evidence, the nature of the confession, and the period of custody, the court decided to grant bail. Accordingly, the petitioner was ordered to be released on furnishing a bail bond of Rs 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the allegations and the evidentiary material.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

bail
false implication
self‑confessional statement
Section 309(4)
Bharatiya Nyaya Sanhita
criminal procedure
Gaya GRP

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4305 of 2026
                     Arising Out of PS. Case No.-236 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
                 ======================================================
                 Md. Kaif @ Md. Kaif Waseem S/O - Md.Waseem R/o Mohalla-Karimganj,
                 P.s-civil Lines, Dist.-Gaya.
                                                                     ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Surendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with G.R.

                   Case No. 225 of 2025 arising out of Railway Patna Gaya Jn.

                   (Gaya GRP) P.S. Case No. 236 of 2025 instituted for the

                   offences under Section 309(4) of the Bharatiya Nyaya Sanhita,

                   2023.

                               3. Allegation against the accused persons is of

                   threatening the informant and also of forcefully transferring

                   money, i.e. Rs. 20,000/- to their accounts.

                               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 his self-confessional

                   statement recorded before the police which has no evidentiary
           Patna High Court CR. MISC. No.4305 of 2026(2) dt.02-02-2026
                                                       2/2




                     value in the eye of law. No incriminating article has been

                     recovered from the conscious possession of the petitioner. It has

                     been submitted on behalf of the petitioner that the petitioner is

                     in custody since 17.09.2025 and has two criminal antecedents.

                     The co-accused person has already been granted bail by a

                     coordinate Bench of this Court vide order dated 03.12.2025

                     passed in Cr. Misc. No. 82699 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 G.R. Case No. 225

                     of 2025 arising out of Railway Patna Gaya Jn. (Gaya GRP) P.S.

                     Case No. 236 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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