Patna High Court
Md. Filtar @ NaushadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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