Patna High Court

Sirajul @ Md. Serajul @ Md. SarajulversusThe State of Bihar

Decided: 9 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Sirajul, was charged under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 for a robbery‑homicide in which four unknown miscreants looted a pick‑up van after taking the informant hostage. The FIR named unknown persons, but a confessional statement by co‑accused Md. Anshraj mentioned the petitioner’s name, although no incriminating material was recovered from him. The petitioner had been in judicial custody since 11‑04‑2025, while other co‑accused had already been granted bail. The State opposed the bail application, but the court, after considering the lack of direct evidence against the petitioner and the bail of co‑accused, decided to enlarge bail. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite being named in a co‑accused’s confessional statement under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 310(2)

Subjects

bail
regular bail
Section 310
Bharatiya Nyaya Sanhita
confessional statement
co‑accused
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53906 of 2025
                     Arising Out of PS. Case No.-111 Year-2025 Thana- BANMANKHI District- Purnia
                 ======================================================
                 Sirajul @ Md. Serajul @ Md. Sarajul Son of Md. Moharam @ Md.
                 Moharram Resident of Village - Sarsi, Ward No.- 15, P.S.- Sarsi, District –
                 Purnea                                                    ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Md. Fazle Karim, Advocate
                 For the Opposite Party/s :      Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-01-2026                  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 Section 310 (2) of the

                   Bharatiya Nyaya Sanhita, 2023.

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

                   unknown miscreants have looted pick-up van loaded with hen and

                   mobile phone of informant after making him and his associates

                   hostage.

                                4. Learned counsel for the petitioner submits that the

                   FIR was lodged against unknown miscreants. During course of

                   investigation one Md. Anshraj has given his confessional

                   statement and name of this petitioner has surfaced in the

                   confessional statement of Md. Anshraj. It has further been

                   submitted that nothing has been recovered from the possession of

                   this petitioner rather the recovery was made from Md. Anshraj. It
            Patna High Court CR. MISC. No.53906 of 2025(4) dt.09-01-2026
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                      has further been submitted that Md. Anshraj has been granted bail

                      by the learned Co-ordinate Bench vide Cr. Misc. No. 50833 of

                      2025. It has further been submitted that car which was being used

                      in the offence was found near the house of other co-accused Sujit

                      Kumar. Learned counsel for the petitioner has also submitted that

                      the co-accused Sujit Kumar has been granted bail by this Court

                      vide Cr. Misc. No. 48299 of 2025. The case of this petitioner

                      stands on better footing. Learned counsel for the petitioner has

                      lastly submitted that the petitioner is languishing in judicial

                      custody since 11.04.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Banmankhi P.S. Case No. 111 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned CJM,

                      Purnea.



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

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