Patna High Court

Md. Akbar @ SukiyaversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to a bond, sureties and verification of antecedent.

Summary

The petitioner, Md. Akbar, sought regular bail in a case registered under Sections 331(4), 305 and 317(2) of the BNS for alleged theft of gold and silver. The FIR alleged that unknown miscreants committed the theft, and the petitioner’s name appeared in the confessional statements of co‑accused Shyam Kumar Soni and Md. Yasir. The petitioner claimed innocence and that he was falsely implicated, while the State opposed bail. The court noted that a co‑accused had previously been granted bail and, after considering the circumstances, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial and verification of his criminal antecedent. The order also directed the lower court to reject the bail bond if any other pending cases were found.

Issues considered

Whether the petitioner is entitled to regular bail under Sections 331(4), 305 and 317(2) of the BNS.
Whether the inclusion of the petitioner’s name in a co‑accused’s confessional statement warrants denial of bail.
Whether the court may condition bail on verification of the petitioner’s criminal antecedent.

Legislation cited

BNS — s. 305, 317(2), 331(4)

Subjects

regular bail
criminal procedure
BNS
confessional statement
co‑accused
verification of antecedent
bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.72823 of 2025
                         Arising Out of PS. Case No.-58 Year-2025 Thana- BARSOI District- Katihar
                 ======================================================
                 Md. Akbar @ Sukiya S/O Md. Sayed Alam @ Shahid Alam Resident of
                 village- Jokalbari, P.S.-Barsoi (Kuchna O.P.), District-Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sharda Nand Mishra
                                                   Mr.Harish Chandra Patel
                                                   Ms.Isha Mishra
                 For the State            :        Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   19-01-2026                          Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                    2. In this case, the petitioner is seeking regular bail in

                   connection with Barsoi P.S. Case No. 58 of 2025, registered for the

                   offences punishable under Sections 331(4), 305 of BNS                            and

                   further Section 317(2) of the BNS was added.

                                    3. The allegation in the FIR is that some unknown

                   miscreants committed theft from the house of the informant,

                   stealing 900 gram of gold and 72 kg of silver.

                                   4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated. The

                   name of the petitioner has figured in confessional statement of co-

                   accused Shyam Kumar Soni and Md. Yasir. Nothing has been
           Patna High Court CR. MISC. No.72823 of 2025(2) dt.19-01-2026
                                                       2/2




                     recovered from possession of the petitioner and co-accused Shyam

                     Kumar Soni, in whose confessional statement, the name of the

                     petitioner has figured, has been granted bail by this Court vide

                     order dated 12.01.2026 in Cr. Misc. No. 64762 of 2025.

                                  5. On the other hand, the learned APP for the State has

                     opposed the prayer for bail.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named be released on bail

                     on furnishing bail bonds of Rs.10,000/- with two sureties of the

                     like amount each to the satisfaction of learned CJM, Katihar in

                     connection with Barsoi P.S. Case No. 58 of 2025, subject to the

                     condition that the petitioner shall cooperate in the disposal of trial

                     and make himself available as and when required by the court.

                                  7. Before accepting the bail bond of the petitioner,

                     the learned court below shall verify his criminal antecedent

                     and if it is found that he is involved in any other case except

                     the cases, as mentioned in para-3 of the bail petition, his bail

                     bond shall not be accepted.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T

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