Patna High Court
Md. RahmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
2/4
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
Checking your session…