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Patna High Court

Md. Filtar @ NaushadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Filtar @ Naushad, sought regular bail in a case registered under Sections 305(b) and 105 of the BNS for alleged theft of a bag containing cash and a mobile phone from a train. The prosecution alleged that unknown miscreants stole the bag and pushed the victim out of the train, and a co‑accused Aman @ Amniya, who gave a confessional statement, identified the petitioner as part of the gang. The petitioner argued that the FIR was lodged against unknown persons, the only incriminating material against him was the confessional statement, and CCTV footage showed Aman as the main culprit. The State opposed bail, citing the petitioner’s two prior criminal cases. The court, after weighing the evidence and the petitioner’s custody since 28‑04‑2025, decided to grant bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner under Sections 305(b) and 105 of the BNS in view of the confessional statement and CCTV evidence.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

  • BNS — s. 105, 305(b)

Subjects

  • bail
  • confessional statement
  • CCTV evidence
  • criminal antecedent
  • Sections 305(b) BNS
  • Section 105 BNS
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71947 of 2025
                   Arising Out of PS. Case No.-79 Year-2025 Thana- BHAGALPUR GRP CASE District-
                                                        Bhagalpur
                 ======================================================
                 Md. Filtar @ Naushad Son of Md. Salim @ Md. Bablu Resident of Village-
                 Kajipura, Ward No 2, P.S. -Kahalgaon, Dist -Bhagalpur

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :     Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 305(b) and

                   105 of the BNS.

                                3. The case of the prosecution, in short, is that unknown

                   miscreants have lifted a bag from a train containing Three

                   thousand rupees and a mobile of Realme company. It is further

                   alleged that while the lady whom these articles belong tried to

                   chase them, she was pushed out of the train.

                                4. Learned counsel for the petitioner submits that the

                   FIR was lodged against unknown miscreants. During course of

                   investigation one Aman @Amniya was apprehended and he has

                   given his confessional statement and in his confessional statement
Patna High Court CR. MISC. No.71947 of 2025(3) dt.05-01-2026
                                            2/3




          he has taken the name of this petitioner. Learned counsel for the

          petitioner has further submitted that from perusal of the order of

          the learned trial court it is clear that the learned trial court has

          recorded that “it transpires that CCTV footage collected from the

          main gate of Bihar Agricultural University, Sabour, clearly shows

          a group of eight boys passing at the relevant time and one of them

          was seen carrying the stolen ladies’ purse (violet coloured bag).

          Upon verification through a reliable informer, the said boy was

          identified as co-accused Aman @ Amniya”. Learned counsel for

          the petitioner has submitted that the CCTV footage also goes to

          show that Aman is the main culprit as there is allegation that only

          one boy has lifted the bag. The name of this petitioner has surfaced

          in the confessional statement of Aman. Save and except the

          confessional statement, there is nothing against the petitioner.

          Learned counsel for the petitioner has submitted that the petitioner

          is languishing in judicial custody since 28.04.2025.

                       5. Learned Additional Prosecutor for the State has

          vehemently opposed the bail application of the petitioner and has

          submitted that the petitioner is having criminal antecedent of two

          cases.

                       6. Considering the aforesaid facts and circumstances of

          the case, this court is inclined to enlarge the petitioner on bail. The

          above named petitioner is            directed to be released on bail in
            Patna High Court CR. MISC. No.71947 of 2025(3) dt.05-01-2026
                                                        3/3




                      connection with S.T. No. 780 of 2025 arising out of Bhagalpur

                      G.R.P. Case No. 79 of 2025 on furnishing bail bond of Rs.10,000/-

                      (ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned District and Additional Sessions Judge-XI,

                      Bhagalpur.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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