Patna High Court

Reza @ Md. Kaunam @ Md. Kaunam RezaversusThe State of Bihar

Decided: 26 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing release upon furnishing a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Reza, was arrested in connection with a theft of a vegetable and mobile phone-laden truck, alleged under Section 309(6) of the B.N.S., 2023. The prosecution's case is based solely on the confessional statements of two co‑accused, which mention the petitioner, with no material recovered from him. The petitioner contended he was falsely implicated, had been in judicial custody since 22 July 2025, and that the only link to him is the confessional statement. The State opposed bail, citing five prior criminal cases against the petitioner. After hearing both sides, the Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Section 309(6) of the B.N.S., 2023 in view of the lack of direct evidence and the petitioner’s prior criminal antecedents.

Legislation cited

B.N.S., 2023 — s. 309(6)

Subjects

bail
Section 309(6) B.N.S. 2023
confessional statement
judicial custody
criminal antecedent
theft
looting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7225 of 2026
                  Arising Out of PS. Case No.-326 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Reza @ Md. Kaunam @ Md. Kaunam Reza S/O Mehboob Reza R/O
                 Paschimpali, College Road, Police Station - Kishanganj, District- Kishanganj
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjaya Nath Tiwari, Advocate
                 For the Opposite Party/s :      Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Bahadurganj P.S. Case No. 326 of 2025 registered for the offence

                   punishable under Section 309(6) of the B.N.S., 2023.

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

                   miscreants have looted a truck carrying vegetables and mobile

                   phones and Rs. 600/- from the driver. The miscreants were in an

                   Ertiga vehicle having registration no. WB-74BK-4417. It is also

                   alleged that a lady was also there in the Ertiga vehicle. The case

                   was filed against unknown miscreants.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner submits that              during the course of
            Patna High Court CR. MISC. No.7225 of 2026(3) dt.26-02-2026
                                                        2/2




                      investigation, from perusal of para 26 of the case diary, it appears

                      that the informant identified Shekhar Sinha and Jabi Roshan by

                      seeing their photographs and afterwards they have given their

                      confessional statement and the name of this petitioner has

                      surfaced in the confessional statement of Shekhar Sinha and Jabi

                      Roshan. Save and except the confessional statement, there is

                      nothing against the petitioner. He also submits that nothing has

                      been recovered from the possession of this petitioner. Moreover,

                      the petitioner is languishing in judicial custody since 22.07.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State and submits that the petitioner is having criminal

                      antecedent of five cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail.         The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                      the like amount each to the satisfaction of the learned Chief

                      Judicial Magistrate, Kishanganj in connection with Bahadurganj

                      P.S. Case No. 326 of 2025.



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T

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