Patna High Court
Md. Sinku @ Md. Ayan SohailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner as the prosecution failed to establish direct incriminating evidence against him.
Summary
The petitioner, Md. Sinku, was implicated in a robbery‑murder case on a train where a bag containing Rs.3,000 was stolen and the informant’s daughter died after being pushed. The prosecution’s case relied on a co‑accused’s confessional statement and vague CCTV footage, with no material recovered from the petitioner. The petitioner’s counsel argued his innocence, lack of direct identification, and that he had been in custody since 28‑04‑2025 with a chargesheet already filed. The State opposed bail, emphasizing the fatal outcome of the alleged act. The court, noting the absence of incriminating evidence against the petitioner, his prolonged custody, and the filed chargesheet, granted bail on a Rs.10,000 bond with two sureties and conditions under Section 480(3) of the B.N.S.S. The order released the petitioner pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated in offences under Sections 305(b) and 105 of the B.N.S., 2023.
- Whether the confessional statement of a co‑accused and inconclusive CCTV footage constitute sufficient basis to deny bail.
Legislation cited
- B.N.S., 2023 — s. 105, 305(b)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- criminal procedure
- identification
- confessional statement
- CCTV evidence
- chargesheet
- Bihar Narcotic (or relevant) Act
- Sections 305(b)
- Section 105
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71942 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- BHAGALPUR GRP CASE District-
Bhagalpur
======================================================
Md. Sinku @ Md. Ayan Sohail Son of Afsar, Resident of Village- Pathanpura,
Ward No. 4, PS- Kahalgaon, Dist -Bhagalpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with S.T. No. 780 of 2025, arising out of Rail P.S.
Bhagalpur Case No. 79 of 2025 dated 22.04.2025, registered for
the offences punishable under Sections 305(b) and 105 of the
B.N.S., 2023.
3. As per the prosecution case, while travelling on a
train, unknown miscreants snatched the bag of daughter of
informant containing Rs. 3,000/-. The daughter of the informant
gave a chase, but she was pushed down by the unknown thives
and she succumbed to her injuries. The name of the petitioner
transpired during investigation for being involved in the
occurrence.
Patna High Court CR. MISC. No.71942 of 2025(3) dt.06-01-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The name of the petitioner
transpired in the present case on the basis of confessional
statement of the co-accused Aman @ Amniya and the same
cannot be used against this petitioner. The clear identification of
the petitioner could not be established by CCTV footage, which
merely shows movement of group of persons. Nothing
incriminating has been recovered from the person of possession
of this petitioner. Learned counsel next submits that petitioner is
having antecedent of seven cases and he is on bail in all these
cases. Learned counsel lastly submits that petitioner is in
custody since 28.04.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that due to act of the petitioner and other co-accused
persons, a girl lost her life.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from this petitioner and
further considering his period of custody and submission of
chargesheet, the petitioner, above-named, is directed to be
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released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge-XI, Bhagalpur / concerned Court, in connection
with Rail P.S. Bhagalpur Case No. 79 of 2025, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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