Patna High Court
Md. Sk Kamran @ Md. kamranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified conditions despite his prior antecedents and suppression of facts.
Summary
The petitioner, Md. Sk Kamran, was charged under IPC sections 379, 411, 413 and 414 for alleged theft of a motorcycle, with co‑accused statements implicating him. He had been in custody since 1 October 2024 and possessed two prior criminal antecedents of a similar nature, which he had suppressed during the earlier bail application. Although a prior bail order was issued on 7 May 2025, the lower court rejected the bail bond on account of the suppressed antecedents. The High Court considered the length of his pre‑trial detention and the nature of the offences, and decided to grant regular bail subject to a cash bond of Rs 10,000, two sureties who are blood relatives, and a condition of appearing at the police station every Sunday. The order also required personal or advocate‑represented appearance in court on trial dates, with bail liable to cancellation on default.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to an accused with prior criminal antecedents and suppressed information?
Legislation cited
- Indian Penal Code — s. 379, 411, 413, 414
Subjects
- bail
- theft
- IPC sections 379, 411, 413, 414
- prior criminal antecedents
- suppression of facts
- court discretion
- police attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81213 of 2025
Arising Out of PS. Case No.-383 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Md. Sk Kamran @ Md. kamran son of Md. Makbool @ Md. Makabul
Hussain @ Md. Makabhull Hussain Resident of Village- Dilarpur PS-
Manihari, Dist- Katihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Raghvendra Kumar Singh, Advocate
For the State : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Katihar Nagar P.S. Case No.383 of 2024
registered for the offence under sections 379, 411, 413 and 414
of the Indian Penal Code.
3. Earlier, the prayer of the petitioner for grant
of bail was allowed by this Court vide order dated 07.05.2025
passed in Criminal Miscellaneous No.28387 of 2025 but the bail
bonds of the petitioner was not accepted by the court below
because he had suppressed his antecedents.
4. The petitioner is said to have involved in the
theft of motorcycle. The name of the petitioner has come in the
statement of co-accused.
Patna High Court CR. MISC. No.81213 of 2025(3) dt.11-02-2026
2/2
5. The petitioner is in custody since 01.10.2024
and he has two criminal antecedents of similar nature.
6. Considering the period of custody of the
petitioner, this bail application is allowed.
7. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Katihar / concerned Court
below, in connection with Katihar Nagar P.S. Case No.383 of
2024, subject to the conditions that both the bailors will be the
blood relatives of the petitioner and further the petitioner will
cooperate in the trial and will appear personally or through his
advocate on the date fixed in the trial.
8. This is also subject to the condition that the
petitioner, after being released on bail, is directed to mark his
attendance at Manihari Police Station, District- Katihar on every
Sunday of the month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.