Created by Fuzzy Cloud

Patna High Court

Md. RaziversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.