Patna High Court

Zabi RoshanversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner on the condition of a Rs. 10,000 bond with two sureties.

Summary

Zabi Roshan applied for bail in a theft case (Bahadurganj P.S. Case No. 326 of 2025) under Section 309(6) of the B.N.S., 2023. The prosecution alleged that unknown miscreants looted a truck of vegetables, mobile phones and cash, and that the petitioner was identified from a photograph and gave a confessional statement, though no material was recovered from her. The petitioner’s counsel argued that she was falsely implicated, that the only evidence was the confessional statement, and that she had been in judicial custody since July 2025. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found the lack of substantive evidence and the petitioner’s circumstances sufficient to grant bail, ordering a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 309(6) of the B.N.S., 2023 given the evidentiary material and her prior criminal antecedents.

Legislation cited

B.N.S., 2023 — s. 309(6)

Subjects

bail
criminal procedure
Section 309(6)
theft
confessional statement
prior criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5019 of 2026
                  Arising Out of PS. Case No.-326 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Zabi Roshan Daughter of Zehrul Village -Kathamatha Dhanpatganj PS
                 -Kochadhaman, Dist- Kishanganj

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mritunjay Kumar, Advcocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                    Heard Mr. Mritunjay Kumar, learned counsel for the

                   petitioner and Mr. Jagdhar Prasad, learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Bahadurganj P.S. Case No. 326 of 2025 registered for the offence

                   punishable under Section 309(6) of the B.N.S., 2023.

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

                   miscreants have looted a truck carrying vegetables and mobile

                   phones and Rs. 600/- from the driver. The miscreants were in an

                   Ertiga vehicle having registration no. WB-74BK-4417. It is also

                   alleged that a lady was also there in the Ertiga vehicle. The case

                   was filed against unknown miscreants.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned
          Patna High Court CR. MISC. No.5019 of 2026(2) dt.04-02-2026
                                                      2/2




                    counsel for the petitioner submits that             during the course of

                    investigation, from perusal of para 26 of the case diary, it appears

                    that the informant identified the petitioner by seeing her

                    photographs and afterwards she has given her confessional

                    statement. Save and except the confessional statement, there is

                    nothing against the petitioner. He also submits that nothing has

                    been recovered from the possession of this petitioner. Moreover,

                    the petitioner is a lady and she is languishing in judicial custody

                    since 21.07.2025.

                                 5. The application for bail is opposed by learned APP

                    for the State and submits that the petitioner is having criminal

                    antecedent of two cases.

                                 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.           The above named

                    petitioner is directed to be enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                    the like amount each to the satisfaction of the learned A.C.J.M.-II,

                    Kishanganj in connection with Bahadurganj P.S. Case No. 326 of

                    2025.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

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