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Patna High Court

Jawed Ahmad @ Tunna Mian @ Tuna MiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because there was no legally admissible evidence directly linking the petitioner to the offence.

Summary

The petitioner, Jawed Ahmad, was arrested in connection with a murder case (Sections 302, 120(B)/34 IPC and Section 27 Arms Act) arising from the killing of an informant's son. He contended that he was not named in the FIR and that the only evidence against him was a confessional statement of a co‑accused, which he claimed was unreliable. The State opposed bail, relying on a CDR record of a mobile allegedly belonging to the petitioner, but admitted that the CDR did not conclusively link the phone to him. The Court observed that no admissible material directly implicated the petitioner and therefore granted bail subject to strict conditions, including cooperation with investigation and non‑interference with witnesses. The bail order also provided for cancellation of the bond if undisclosed criminal antecedents or false statements were discovered.

Issues considered

  • Whether bail can be granted in a serious offence (murder and conspiracy) when the only material against the accused is a co‑accused's confessional statement.
  • Whether the CDR evidence of a mobile phone is sufficient to deny bail.
  • Whether prior criminal cases and the absence of a prior bail petition affect the grant of bail.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • Arms Act
  • confessional statement
  • CDR evidence
  • Criminal Procedure Code
  • Section 302 IPC
  • Section 120B IPC
  • Section 34 IPC
  • Section 27 Arms Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78307 of 2025
                       Arising Out of PS. Case No.-214 Year-2022 Thana- THAWE District- Gopalganj
                 ======================================================
                 Jawed Ahmad @ Tunna Mian @ Tuna Miya, S/o- Md. Nazir Alam, R/v-
                 Piprahi, P.S.- Uchkagaon Dist- Gopalganj.

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Ajay Kumar Thakur, Advocate
                                                   Ms. Vaishnavi Singh, Advocate
                                                   Mr. Ritwik Thakur, Advocate
                                                   Mr. Purushottam Kumar, Advocate
                 For the State            :        Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

3   21-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Thawe

                   P.S. Case No.214 of 2022, dated.29.08.2022, registered for the

                   offences punishable under Sections 302, 120(B)/34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                 3. As per allegation, the son of the Informant has been

                   killed by motorcyclist while coming to home along with his

                   cousin. As per the further case of the prosecution, firstly, the

                   motorcyclists were following the the motorcycle of the deceased

                   and they hit him from the back with intent to make the

                   motorcycle fall, but when it did not happen, the pillion rider,
Patna High Court CR. MISC. No.78307 of 2025 (3) dt.21-01-2026
                                            2/4




          who was following the deceased shot at him by pistol. When he

          was brought to the hospital, he was declared dead.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in this

          case. He further submits that the Petitioner is not named in the

          FIR. In fact, the FIR has been lodged against one Parvej Alam,

          against whom suspicion has been raised by the Informant

          regarding his involvement in the alleged offence. He further

          submits that during investigation, the only material collected

          against the Petitioner is the so-called confessional statement of

          the co-accused, Faisal before the police, wherein he has stated

          that the Petitioner is also involved in the alleged offence. Except

          the confessional statement, there is no other material in the

          charge sheet submitted against the Petitioner and other co-

          accused.

                       5. He further submits that the petitioner has been

          languishing in jail since 19.07.2025.

                       6. It has also been stated in paragraph no. 3 of the bail

          petition that the petitioner has earlier been made accused in 13

          other cases.

                       7. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier
Patna High Court CR. MISC. No.78307 of 2025 (3) dt.21-01-2026
                                            3/4




          either for anticipatory bail or regular one.

                       8. However, learned APP for the State vehemently

          opposes the prayer of the petitioner for bail submitting that the

          alleged offence is serious in nature and charge sheet has been

          submitted against him. He also submits that some CDR has been

          brought on record, regarding the mobile allegedly belonging to

          the Petitioner. However, he fairly admits that there is no specific

          material on record to show that this mobile belongs to the

          Petitioner and as per the tower location of the mobile, the holder

          of the mobile number was never at the place of the occurrence.

                       9. Considering the aforesaid facts and circumstances,

          particularly, lack of any legally admissible material against the

          Petitioner, this application is allowed, directing the petitioner,

          above-named, to be enlarged on bail on his furnishing bail

          bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          concerned Court below in connection with Thawe P.S. Case

          No.214 of 2022 on the following conditions:

                       (i) The petitioner will make himself available for

          interrogation by a police officer/court as and when required.

                       (ii)     The       petitioner        will   undertake   that

          investigation/trial will not get hampered on account of his
            Patna High Court CR. MISC. No.78307 of 2025 (3) dt.21-01-2026
                                                        4/4




                      absence or non-cooperation. He must be available to the police

                      or the court whenever his presence is required.

                                   (iii) The petitioner shall not, directly or indirectly

                      make any inducement, threat or promise to any person

                      acquainted with the facts of the case so as to dissuade him from

                      disclosing such facts to the court or to any police officer.

                                   (iv) In case, it is brought to the notice of the court

                      below that the petitioner has criminal antecedents other than the

                      disclosed one, learned court below shall cancel the bail bonds of

                      the petitioner after hearing him and getting satisfied that the

                      petitioner has concealed his criminal antecedents despite his

                      knowledge of the same.

                                   (v) In case, it is brought to the notice of the court

                      below that statement regarding previous bail petition is wrong,

                      learned court below shall cancel the bail bonds of the petitioner.



                                                                      (Jitendra Kumar, J.)
Chandan/-

U     T


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