Patna High Court
Md. Zawed Ali @ JawedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Md. Zawed Ali was accused in a Rahui police case for offences under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023, based solely on the confessional statements of co‑accused and without being named in the FIR. No material was recovered from his possession and no identification parade had been conducted. The petitioner argued that the bail application should not be denied merely on his past criminal record and the lack of direct evidence. The prosecution opposed bail, relying on the alleged involvement and the petitioner’s pending cases. The High Court, after considering the circumstances, granted bail subject to stringent conditions, including surety bonds, regular court appearances, and restrictions on tampering with evidence or witnesses.
Issues considered
- Whether bail can be granted when the accused is implicated only through confessional statements of co‑accused and not named in the FIR
- Whether the petitioner’s past criminal antecedents justify denial of bail
- Whether the absence of material evidence and an identification parade affects the bail decision
- Whether the conditions imposed on bail are lawful and reasonable
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 331(4)
Subjects
- bail
- criminal procedure
- confessional statements
- identification parade
- past criminal antecedents
- Bharatiya Nyaya Sanhita
- Section 331
- Section 305
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7519 of 2026
Arising Out of PS. Case No.-661 Year-2024 Thana- RAHUI District- Nalanda
======================================================
Md. Zawed Ali @ Jawed, aged about 24 years, Male, S/O Nausad Ali @
Nushad Ali, resident of Mohalla- Tirahe Ki Masjid, P.S.- Sultanganj, Dist.-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amir Alam, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Rahui
PS Case No.661 of 2024 dated 19.12.2024, instituted for the
offence punishable under Sections 331(4) and 305(a) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that on the alleged
date of occurrence the informant and his family members had
gone to Town. On the next day, in the morning, one villager
informed the informant that the lock of the door of his house is
broken. When the informant arrived, he found that the lock of
the boxes kept in the rooms were also broken and all the
documents such as certificates, land agreements, gas papers,
brass utensils and household articles were stolen by unknown
thieves.
Patna High Court CR. MISC. No.7519 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR. Only on the basis of
confessional statement of Md. Samir @ Sanni and Md. Afsar,
the petitioner has been made accused in this case. It is further
submitted that nothing has been recovered either from the
conscious possession or from the house of the petitioner. No test
identification parade has been done till date. It is further
submitted that co-accused, Md. Samir @ Samir Khan @ Sanni,
on whose confessional statement the name of the petitioner has
come, has been granted bail by a co-ordinate Bench of this
Court by order dated 28.01.2026 passed in Cr. Misc. No.3035 of
2026. Further submission is that the prayer of the petitioner has
been refused by the Court below only on the basis of his past
criminal antecedents. Lastly, it is submitted that the petitioner is
in custody since 04.08.2025 in the present case and fifteen cases
are pending against him.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate, Nalanda
Patna High Court CR. MISC. No.7519 of 2026(2) dt.04-02-2026
3/3
at Biharsharif, in Rahui PS Case No.661 of 2024, subject to the
conditions (i) that the petitioner shall co-operate in the trial and
shall be properly represented on each and every date fixed by
the Court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the Court
below, (ii) that one of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife, (iii) that
the bailor shall also state on affidavit that he will inform the
court concerned if the petitioner is made accused in any other
case of similar nature after his release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of misuse, (iv)
that if the petitioner tampers with the evidence or the witnesses,
in that case, the prosecution will be at liberty to move for
cancellation of bail, and (v) that the petitioner within two weeks
from the date of his release from custody shall appear before the
SHO of his local area along with a copy of this order and
thereafter shall appear before him every fortnightly to mark his
attendance till conclusion of the trial.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
Checking your session…