Patna High Court
Md. ChandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Md. Chand, was arrested in connection with a robbery in which goods worth Rs. 5 lakh were allegedly stolen from a shop. He was charged under sections 303(2), 334(1), 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, and has been in custody since 16 May 2025 with a charge‑sheet already filed. The petitioner sought regular bail, contending that co‑accused in the same case had already been released on bail on three separate orders. The State opposed the bail application. Considering the seriousness of the allegations, the fact that co‑accused were granted bail, the petitioner’s prolonged detention of eight months, and the filing of the charge‑sheet, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the prior grant of bail to co‑accused and the petitioner’s prolonged pre‑trial detention justify bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 334(1), 3(5)
Subjects
- bail
- regular bail
- robbery
- theft
- Bhartiya Nyaya Sanhita
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6341 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
Md. Chand S/O Fool Mohammad @ Md. Fulo R/V- Alinagar Levdhan, P.S-
Baligaon, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
Mr. Purushottam Pandey, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sarairanjan P.S. Case
no.51 of 2025 registered under sections 303(2), 334(1), 317(2)
and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his shop was broken into by the accused persons in the
night and goods worth Rs. 5 lacs were stolen.
4. Learned counsel for the petitioner submits that the
name of petitioner transpired in course of investigation in his
confessional statement made before police. A number of co-
accused whose case stands on a similar footing to that of the
petitioner have been enlarged on bail vide order dated 17.9.2025
Patna High Court CR. MISC. No.6341 of 2026(2) dt.04-02-2026
2/2
passed in Cr. Misc. no. 63497 of 2025, dated 13.10.2025 passed
in Cr. Misc. no. 67075 of 2025 and dated 8.12.2025 passed in
Cr. Misc. no. 81312 of 2025. The petitioner is in custody since
16.5.2025 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, grant of bail
to the similarly situated co-accused vide aforesaid orders dated
17.9.2025, 13.10.2025 and 8.12.2025 together with the
petitioner having remained in custody for 8 months since
16.5.2025 and chargesheet having been submitted in the case,
the petitioner is directed to be enlarged on bail in connection
with Sarairanjan P.S. Case no.51 of 2025 on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Samastipur.
(Partha Sarthy, J)
Shiv/-
U T
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