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Patna High Court

Md. RahmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions.

Summary

Md. Rahman was arrested on 24 October 2025 in connection with a robbery of a bank employee, alleged under Section 309(6) of the BNS and Section 27 of the Arms Act. The prosecution’s case is based on an informant’s statement, CCTV footage, and a confession, but no material was recovered from the accused and no third‑information‑report (TIP) was filed. The petitioner’s counsel argued that he has a clean antecedent, was not named in the FIR, and was falsely implicated. The Additional Public Prosecutor opposed bail, citing the confession and CCTV identification. The High Court, noting the lack of TIP, absence of recovered evidence, and the petitioner’s clean record, granted bail on a cash bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Araria.

Issues considered

  • Whether bail should be granted to the petitioner despite the prosecution’s evidence of CCTV identification and confession.
  • Whether the absence of a TIP and lack of recovered material justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • robbery
  • clean antecedent
  • TIP
  • CCTV
  • confession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7122 of 2026
                         Arising Out of PS. Case No.-18 Year-2025 Thana- Bathnaha District- Araria
                 ======================================================
                 Md. Rahman Son of Late Md. Taimul Resident of Village- Amauna,m Ward
                 No. 1, P.S.- Jogbani, District- Araria

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Nafisuzzoha, Advocate
                                          :         Mr. Nasar Iqbal, Advocate
                                          :         Mr. Afsha Mokhtar, Advocate
                 For the Opposite Party/s :         Mr. Prem Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   28-04-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks bail who is in custody since

                   24.10.2025 in connection with Bathnaha P.S. Case No. 18 of

                   2025 for the offences punishable under Section 309(6) of the

                   BNS and Section 27 of Arms Act.

                                3. The case of the prosecution, in brief, is that as per

                   the fardbeyan of the informant Shyamal Kishore Mishra on

                   03.03.2025, three unknown persons came on motorcycle and

                   intercepted a bank employee, assaulted him, fired shots in the

                   air, and robbed him of Rs. 1,50,000/- and a biometric device.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and is innocent and he has
Patna High Court CR. MISC. No.7122 of 2026(4) dt.28-04-2026
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          falsely been implicated in the present case. It is further

          submitted that the allegation as alleged in the FIR is forged and

          fabricated and the petitioner has not committed any offence as

          alleged in the FIR. It is next submitted that petitioner is not

          named in the FIR and name of the petitioner has transpired

          during the course of investigation. Learned counsel for the

          petitioner further submits that nothing has been recovered from

          the conscious possession of the petitioner or from the house of

          the petitioner and till date no TIP has been conducted of the

          prosecution. It is next submitted that police after investigation

          has submitted charge-sheet and petitioner is in custody since

          24.10.2025.

                      5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits that name of the petitioner has transpired

          on the basis of CCTV footage, thereafter, the petitioner has

          confessed his guilt in the present occurrence but fairly submits

          that no TIP has been conducted of the prosecution.

                       6. Considering the aforesaid facts and circumstances

          and that petitioner is a person with clean antecedent and

          petitioner is not named in the FIR and also the fact that no TIP

          has been conducted of the prosecution. Apart from that nothing
Patna High Court CR. MISC. No.7122 of 2026(4) dt.28-04-2026
                                            3/4




          has been recovered from the conscious possession of the

          petitioner, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

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

          Chief Judicial Magistrate, Araria in connection with in

          connection with Bathnaha P.S. Case No. 18 of 2025 , subject to

          the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned order

          shall not be delayed for purpose of or in the name of
           Patna High Court CR. MISC. No.7122 of 2026(4) dt.28-04-2026
                                                       4/4




                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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