Patna High Court
Md. RaziversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petitioner's bail application.
Summary
The petitioner, Md. Razi, sought bail in a case (PS Case No. 112 of 2025) under section 304 of the Bharatiya Nyaya Sanhita, 2023, alleging that he had purchased a mobile phone that was allegedly snatched. The FIR named two unknown accused, and during investigation one co‑accused, Md. Nadeem, confessed that he had sold the phone to the petitioner, who claimed to have bought it in good faith and was not named in the FIR. The petitioner also has a pending criminal case for which bail had been granted earlier. The State opposed bail, arguing the petitioner’s involvement in another case. The Patna High Court, after hearing both sides, refused to grant bail, directing the petitioner to surrender within six weeks for the trial court to consider a surrender‑cum‑bail application.
Issues considered
- Whether the petitioner is entitled to bail/anticipatory bail under section 304 of the Bharatiya Nyaya Sanhita, 2023 despite purchasing the alleged stolen mobile phone in good faith.
- Whether the petitioner’s prior involvement in another criminal case influences the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 304
Subjects
- bail
- anticipatory bail
- section 304
- mobile theft
- good faith purchase
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4961 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- JOGSAR District- Bhagalpur
======================================================
Md. Razi S/o- Md. Mukhtar Resident of Village- Sahjangi Police Station-
Habibpur, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-02-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Jogsar P.S. Case No. 112 of 2025 lodged on 13.05.2025,
for the offences punishable under section 304 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution, the FIR has been lodged
against two unknown accused persons alleging that they
snatched the mobile phone of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner is not named in the FIR. During the course of
investigation, the police apprehended two persons who
confessed their guilt. In the confessional statement, co-accused
Md. Nadeem disclosed that he had sold the snatched mobile
Patna High Court CR. MISC. No.4961 of 2026(2) dt.04-02-2026
2/2
phone to the petitioner. Learned counsel further submits that the
petitioner purchased the said mobile phone from co-accused
Md. Nadeem in good faith and was not aware that the mobile
phone was a snatched property. Although the antecedent of the
petitioner is not clean, as he is accused in one other case, he has
already been granted bail in the said case.
5. Learned APP for the State vehemently opposes the
prayer for bail and submits that the petitioner is involved in one
more criminal case.
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with the aforementioned case,
pending before the learned Chief Judicial Magistrate, Bhagalpur
is hereby rejected.
7. However, if the petitioner surrenders before the
Trial Court within six weeks from today, the Trial Court is
directed to pass an order on his surrender-cum-bail application
on the same day, without being prejudiced by the fact that the
petitioner’s anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J)
Ashwini/-
U T
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