Patna High Court

Md. JamshedversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Jamshed, sought regular bail in a criminal case registered under sections 305 and 331(4) of the BNS, alleging theft at the informant's house. The prosecution alleged involvement of unknown miscreants, while the petitioner claimed innocence, stating the FIR named unknown persons and that his confessional statement was the only incriminating material. He argued that the recovered coins did not match the stolen items and highlighted that a co‑accused had already been granted bail. The State opposed bail, citing the petitioner's thirteen prior criminal convictions. After hearing both sides, the court found insufficient evidence beyond the confessional statement and, considering the petitioner's prolonged custody, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of trial attendance and weekly police station reporting.

Issues considered

Whether regular bail should be granted to the petitioner under sections 305 and 331(4) of the BNS despite a confessional statement and prior criminal antecedents.

Legislation cited

BNS — s. 305, 331(4)

Subjects

regular bail
criminal procedure
sections 305
section 331(4)
confessional statement
prior convictions
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77862 of 2025
                   Arising Out of PS. Case No.-604 Year-2024 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Md. Jamshed S/O Md. Qureshi Resident of Mohalla- Karim Chak Khanua,
                 P.S- Chhapra Town, District- Saran at Chhapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Yashraj Bardhan, Advocate
                 For the Opposite Party/s :      Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   18-02-2026                    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 305, 331(4)

                   of BNS.

                                3. The case of the prosecution is that some unknown

                   miscreants are alleged to have committed theft in the house of

                   the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants and the petitioner was remanded in

                   this case from Chapra Town P.S. Case No. 753 of 2024 wherein

                   he has given his confessional statement. Leaned counsel has
Patna High Court CR. MISC. No.77862 of 2025(4) dt.18-02-2026
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          further submitted that some of the coins which have been

          recovered from the possession of this petitioner do not match

          from the articles which are subject matter of the theft. Save and

          except confessional statement, there is nothing against him. He

          has also submitted that other co-accused person has been

          granted bail by this court vide Cr. Misc. No. 80879 of 2025.

          Moreover, the petitioner is languishing in judicial custody since

          30.04.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having thirteen criminal antecedent.

                       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 released on bail in connection with

          Bhagwan Bazar P.S. Case No. 604 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 Additional Chief

          Judicial Magistrate-II, Saran at Chapra with following

          conditions:-

                       (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and every
            Patna High Court CR. MISC. No.77862 of 2025(4) dt.18-02-2026
                                                        3/3




                      fixed date.

                                   (ii) The petitioner is also directed to mark his weekly

                      attendance at Chapra Town P.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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