Patna High Court

Md. AfsarversusThe State of Bihar

Decided: 12 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to regular bail subject to a bond, sureties and compliance with reporting conditions.

Summary

The petitioner, Md. Afsar, was implicated in a theft case (sections 331(4) and 305(a) of the Bihar Penal Code) based on a confessional statement by co‑accused Md. Samir, while the petitioner himself also allegedly made a confessional statement. No incriminating article was recovered from the petitioner and no Test Identification Parade was conducted. The petitioner, who has 14 prior criminal cases, has been in judicial custody since 26‑12‑2024 and sought regular bail. The State opposed bail, citing the petitioner’s antecedents and the confessional statements. The Court, noting the lack of physical evidence and the fact that the co‑accused had been granted bail in a similar case, ordered bail on the condition of a Rs.10,000 bond with two sureties and required the petitioner to cooperate with the trial, appear on all dates, and report weekly to the police station.

Issues considered

Whether the petitioner is entitled to regular bail despite prior criminal antecedents and confessional statements
Whether the absence of incriminating material and a Test Identification Parade justifies bail

Subjects

regular bail
criminal antecedents
confessional statement
theft
section 331
section 305
no incriminating article
test identification parade
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7749 of 2026
                        Arising Out of PS. Case No.-673 Year-2024 Thana- RAHUI District- Nalanda
                 ======================================================
                 Md. Afsar Son of Md. Iqram Resident of Mohalla - Sabzibagh (Darzi Tola),
                 Police Station - Pirbahore, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amir Alam, Advocate
                 For the Opposite Party/s :        Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-02-2026                       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 331 (4) and

                   305 (a) of the BNS.

                                3.     The prosecution case, in brief, is that unknown

                   miscreants committed theft in the house of the informant. The

                   FIR was lodged against unknown persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   during the course of investigation, Md. Samir @ Samir made a

                   confessional statement in which the name of the present

                   petitioner surfaced. The petitioner was subsequently remanded
Patna High Court CR. MISC. No.7749 of 2026(2) dt.12-02-2026
                                            2/3




          in the present case from Barh P.S. Case No. 949 of 2024. It is

          further submitted that the petitioner has also made a

          confessional statement.

                       5    Learned      counsel      further   contends   that   no

          incriminating article has been recovered from the possession of

          the petitioner and no Test Identification Parade (T.I. Parade) has

          been conducted. It is also submitted that co-accused Md. Samir

          @ Samir who named the petitioner in his confessional

          statement, has already been granted bail by a learned Co-

          ordinate Bench vide Cr. Misc. No. 117 of 2026, and the case of

          the present petitioner stands on similar footing.

                       6. However, it has been brought on record that the

          petitioner has criminal antecedents in 14 cases. In such

          circumstances, he is directed to cooperate in the trial, remain

          physically present on each and every date fixed by the court,

          and mark his attendance once every week at Barh Police

          Station. Moreover, the petitioner is languishing in judicial

          custody since 26.12.2024.

                       7. Learned APP appearing for the state has opposed

          the prayer of regular bail.

                       8. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on
            Patna High Court CR. MISC. No.7749 of 2026(2) dt.12-02-2026
                                                        3/3




                      bail. The above named petitioner is directed to be released on

                      bail in connection with Rahui P.S. Case No. 673 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Nalanda at Bihar Sharif/concerned

                      Court.




                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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