Patna High Court
Gabbu Miya @ Ashique Ali @ Gabu Miya @ Ashik AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioners are entitled to bail.
Summary
The petitioners Afjal Ansari and Gabbu Miya sought bail in connection with a robbery alleged under Section 309(4) of the Bihar Narcotic Substances Act, 2023, arising from PS Case No. 241 of 2024. Neither petitioner was named in the FIR, and the allegation against them stemmed from a self‑confession and recovery of stolen items from a third‑party's house, without material identification by the informant. The petitioners argued that, in the absence of a tip‑off and with the investigation already completed, there was no substantive case against them beyond suspicion. The State opposed bail, citing the petitioners' involvement in multiple other criminal cases. The court found the connection between the petitioners and the crime doubtful, noted the completed investigation, and consequently ordered their release on bail subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNS Act.
Issues considered
- Whether the petitioners are entitled to bail despite not being named in the FIR and lack of material identification of the stolen items.
- Whether the completion of investigation and absence of risk of evidence tampering justify granting bail under Section 437(3) Cr.P.C. and Section 480(3) BNS Act.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- robbery
- self‑confession
- material identification
- Section 309(4) BNS
- Section 437(3) Cr.P.C.
- Section 480(3) BNS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63875 of 2025
Arising Out of PS. Case No.-241 Year-2024 Thana- VIJAYEPUR District- Gopalganj
======================================================
Afjal Ansari @ Afjal Miya @ Afjal Anshari S/O Late Musa Ansari @ Late
Musa Miyan R/O Village- Vishunpura (Bishunpura), P.S.- Mirganj, District-
Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 64700 of 2025
Arising Out of PS. Case No.-241 Year-2024 Thana- VIJAYEPUR District- Gopalganj
======================================================
Gabbu Miya @ Ashique Ali @ Gabu Miya @ Ashik Ali S/O Pappu Miya @
Ahasanul Miyan R/O Village- Rakba, P.S.- Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 63875 of 2025)
For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Ms.Rita Verma, APP
(In CRIMINAL MISCELLANEOUS No. 64700 of 2025)
For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 09-01-2026 Cr. Misc. No. 63875 of 2025
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Vijayipur
(Vijaypur) P.S. Case No. 241 of 2024 registered for the offence
under Section 309(4) of the BNS, 2023.
3. The accused/petitioner is not named in the F.I.R. and
is in custody since 13.01.2025.
4. The allegation against the petitioner is to commit
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
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robbery in the night and while doing so, looted the mobile,
motorcycle and ready-made cloth bundles etc. from the possession
of the informant on 03.11.2024 at about 10:40 PM.
5. Learned counsel appearing on behalf of the petitioner
submitted that the name of this petitioner surfaced out of self
confession, while he was apprehended in Vijaypur P.S. Case No.
276/2024. It is submitted that on the basis of self confession,
police claimed to recover the bundle of cloths which was looted
but same was recovered from rented house of one Pintu
Orchestra. It is pointed out that said bundle of cloths were not put
before the informant during investigation as to identify the same
and, therefore, in want of material identification by the informant,
petitioner cannot be said connected with present crime in question.
The petitioner was also not put on TIP. It is submitted that in such
view of matter except suspicion, nothing survives against
petitioner and, moreover, investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence. It is submitted
that petitioner found involved in two more criminal cases, where
he is on bail.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions and by
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
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taking note of fact as prima facie the connection of petitioner
appears doubtful in want of recovered material TIP with present
crime in question, coupled with the fact that investigation of this
case is already completed, where petitioner remains in custody
since 13.01.2025 accordingly, petitioner above named, is directed
to be released on bail in connection with Vijayipur (Vijaypur) P.S.
Case No. 241 of 2024, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned District and Additional Sessions
Judge-VI-Cum-Spl. Judge, POCSO Gopalganj/concerned Court,
subject to the conditions as mentioned under Section 437(3) of
the Cr.P.C./Section 480(3) of BNSS.
Cr. Misc. No. 64700 of 2025
Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Vijayipur
(Vijaypur) P.S. Case No. 241 of 2024 registered for the offence
under Section 309(4) of the BNS, 2023.
3. The accused/petitioner is not named in the F.I.R. and
is in custody since 13.01.2025.
4. The allegation against the petitioner is to commit
robbery in the night and while doing so, looted the mobile,
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
4/5
motorcycle and ready-made cloth bundles etc. from the possession
of the informant on 03.11.2024 at about 10:40 PM.
5. Learned counsel appearing on behalf of the petitioner
submitted that the name of this petitioner surfaced out of self
confession while he was apprehended in Vijaypur P.S. Case No.
276/2024. It is submitted that on the basis of self confession
police claimed to recover the bundle of cloths which was looted
but same was recovered from rented house of one Pintu
Orchestra. It is pointed out that said bundle of cloths were not put
before the informant during investigation as to identify the same
and, therefore, in want of material identification by the informant,
petitioner cannot be said connected with present crime in question.
The petitioner was also not put on TIP. It is submitted that in such
view of matter except suspicion, nothing survives against
petitioner and, moreover, investigation of this case is already
completed, for which charge-sheet has been submitted, as such,
there is no chance of tampering with the evidence.
6. Arguing criminal antecedent, it is submitted that
petitioner found involved in seven more criminal cases, where he is
on bail in six cases.
7. Learned APP opposed the prayer of bail.
8. Considering the aforesaid factual submissions and by
Patna High Court CR. MISC. No.63875 of 2025(3) dt.09-01-2026
5/5
taking note of fact as prima facie the connection of petitioner
appears doubtful in want of recovered material TIP with present
crime in question, coupled with the fact that investigation of this
case is already completed, where petitioner remains in custody
since 13.01.2025 accordingly, petitioner above named, is directed
to be released on bail in connection with Vijayipur (Vijaypur) P.S.
Case No. 241 of 2024, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge-III,
Gopalganj/concerned Court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of
BNSS.
(Chandra Shekhar Jha, J)
veena/-
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