Patna High Court
Mohammad Sattar @ Md. SattarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nyaya Sanhita — s. 303(2), 324(5), 334(1), 61(2)
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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