Patna High Court
FAIZ ARSHADversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the petitioners are entitled to bail as the evidence is not strong enough to justify continued detention and their youth and clean record merit release on condition.
Summary
The petitioners, two young men aged about 19, applied for bail in a case registered under Sections 103(1), 140(1) and 61(2) of the B.N.S. for alleged kidnapping, ransom demand and murder. The prosecution’s case is based on CCTV footage showing the petitioners on a motorcycle with the deceased as a pillion rider, a confessional statement, and a call detail record indicating they were at home. The petitioners argued that the CCTV does not clearly identify them, there is no eye‑witness, and the material does not establish motive; they also highlighted their lack of criminal antecedent and the fact that only one of seven witnesses had been examined. The State and the opposite party opposed bail, contending that the diary contains material showing complicity. The court, noting the absence of direct evidence, the youth of the accused, and the lack of a clear motive, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court attendance and parental suretyship.
Issues considered
- Whether bail should be granted to accused under Sections 103(1), 140(1) and 61(2) of the B.N.S. when the evidence is primarily circumstantial.
- Whether the CCTV footage and the confessional statement constitute sufficient grounds to deny bail.
- Whether the age of the accused and their clean criminal record warrant the grant of bail.
Legislation cited
- B.N.S. — s. 103(1), 140(1), 61(2)
Subjects
- bail
- circumstantial evidence
- CCTV footage
- confessional statement
- juvenile accused
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73258 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
Sajid Hussain S/O Nabi Hussain R/O Vill.- Maldahiya Pokhariya, P.S.-
Shikarpur, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74296 of 2025
Arising Out of PS. Case No.-401 Year-2025 Thana- SIKARPUR District- West Champaran
======================================================
FAIZ ARSHAD Son of Meraj Ali R/o Maldahiya, P.S.- Shikarpur, District -
West Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 73258 of 2025)
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the State : Mr. Binod Kumar, APP
For the O.P. No.2 : Ms. Swati Priya, Advocate
(In CRIMINAL MISCELLANEOUS No. 74296 of 2025)
For the Petitioner/s : Mr. Ravi Ranjan Dixit, Advocate
For the State : Ms. Sharda Kumari, APP
For the O.P. No.2 : Ms. Swati Priya, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 As both these bail applications arise out of the same
police station case number, hence they are being heard together
and disposed of by this common order.
2. Heard learned counsels for the petitioners,
learned APP for the State and learned counsel for the opposite
party no.2.
Patna High Court CR. MISC. No.73258 of 2025(4) dt.11-02-2026
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3. The petitioners seek bail in a case registered for
the offence punishable under Sections 103(1), 140(1), 61(2) of
the B.N.S.
4. As per the prosecution case, the informant
alleged that unknown persons had abducted his son, demanded
ransom, and threatened to murder him if the demand was not
fulfilled.
5. The learned counsels for the petitioners submits
that the present F.I.R. has been lodged against unknown as
there is no eye-witness to the case. The petitioners have been
implicated on the basis of the CCTV footage in which these
petitioners have been identified as being sitting on the
motorcycle along with the deceased sitting as pillion rider at
the back. It is further submitted that neither the face nor the
motorcycle number is clearly visible in the CCTV footage yet
only on the basis of some vague suspicion, these petitioners
have been made accused. Besides the said CCTV footage, the
other material is the confessional statement of the petitioners
during investigation admitting their guilt. Further submission is
that paragraph no.99 of the case diary contains the CDR of
both the petitioners, which makes it clear that they were
through out in their own house and they had no motive
Patna High Court CR. MISC. No.73258 of 2025(4) dt.11-02-2026
3/4
whatsoever to commit the kidnapping or cause the death of the
deceased. The petitioners are young boys, aged about 19 years
and are in custody since 17.04.2025 and the present stage of the
case is that after framing of charges on 24.11.2025, one out of
seven witnesses has been examined, as submitted by the
learned counsels for the petitioners. It is thus submitted that
there is no likelihood of conclusion of trial in the near future
and the petitioners have no criminal antecedent.
6. Learned APP for the State and learned counsel
for the opposite party no.2 have vehemently opposed the grant
of bail and it has been pointed out that there are materials in the
case diary to show the complicity of the petitioners.
7. Taking into consideration the facts and
circumstances and considering the fact that the case is not
based upon any direct evidence but upon circumstantial
evidence of deceased last seen in the company of the
petitioners, coupled with the fact that the petitioners are young
boys, who are in custody since 17.04.2025 and charges have
already been framed, let the above named petitioners, who have
no criminal antecedent, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.73258 of 2025(4) dt.11-02-2026
4/4
learned District and Additional Sessions Judge-2nd, Bettiah,
West Champaran/concerned Court below in connection with
Shikarpur P.S. Case No. 401 of 2021 subject to condition that :
(i) Fathers of both the petitioners would stand as
one of the bailors.
(ii) The petitioners shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, their bail bonds shall be liable to be cancelled by the
learned court concerned.
(Soni Shrivastava, J)
anand/-
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