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Patna High Court

Mohammad Sattar @ Md. SattarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail may be granted as there is insufficient direct evidence against the petitioner and he is required to cooperate with the trial.

Summary

The petitioner, Mohammad Sattar, sought regular bail in a case involving alleged theft of Rs.18,04,300 from an ICICI ATM and the subsequent burning of the ATM, offences charged under Sections 334(1), 303(2), 324(5) and 61(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that unknown miscreants committed the crime, but a confessional statement by an accused named Rajesh Kumar mentioned the petitioner’s name, though no material was recovered from him. The petitioner argued that the FIR was against unknown persons, that the only link to him was the confessional statement, and that he was being framed due to his prior criminal record. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedents. The court, after considering the lack of direct evidence and the petitioner’s willingness to cooperate, granted regular bail on condition of a bail bond and sureties.

Issues considered

  • Whether regular bail can be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether the confessional statement of a co‑accused, without any material recovered, is sufficient ground to deny bail.

Legislation cited

Subjects

  • regular bail
  • criminal antecedent
  • confessional statement
  • Bharatiya Nyaya Sanhita
  • theft
  • robbery
  • arson
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4734 of 2026
                   Arising Out of PS. Case No.-427 Year-2024 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Mohammad Sattar @ Md. Sattar Son of Mohammad Khalid Resident of
                 village- Rupauli, PS- Tariyani, Dist- Sheohar
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :     Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 334(1),

                   303(2), 324(5) & 61(2) of the Bharatiya Nyaya Sanhita.

                                3. The case of the prosecution, in short, is that

                   altogether Rs.18,04,300/- was taken away by unknown

                   miscreants from ICICI ATM and the ATM was completely

                   burnt.

                                4. Learned counsel for the petitioner has submitted

                   that the FIR was lodged against unknown miscreants. During

                   course of investigation, one Rajesh Kumar was apprehended

                   and he has given his confessional statement. The name of this

                   petitioner has surfaced in the confessional statement of Rajesh
            Patna High Court CR. MISC. No.4734 of 2026(2) dt.03-02-2026
                                                        2/2




                      Kumar. Save and except the confessional statement of Rajesh

                      Kumar, there is nothing against the petitioner. Learned counsel

                      for the petitioner has further submitted that nothing has been

                      recovered from the possession of the petitioner. It has further

                      been submitted that the petitioner has been framed in this case

                      due to his criminal antecedent. Petitioner is having criminal

                      antecedent of four cases.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the bail of the petitioner.

                                   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 with the condition that

                      the petitioner shall co-operate in the trial and shall remain

                      present in the trial court whenever required. The above named

                      petitioner is directed to be released on bail in connection with

                      Muzaffarpur (Sadar) P.S. Case No. 427 of 2024 on 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, Muzaffarpur (East).



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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