Patna High Court
Md. JamshedversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, holding that the evidence was insufficient to justify continued custody.
Summary
The petitioner, Md. Jamshed, sought regular bail in a case registered under sections 305 and 331(4) of the Bihar Negotiable Instruments Act for alleged theft at the informant's house. The prosecution alleged that unknown miscreants committed the theft, while the petitioner claimed innocence, stating that 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 that co‑accused had already been granted bail in similar cases. The State opposed bail, highlighting 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 regular bail with conditions. The bail was set at a bond of Rs.10,000 with two sureties and required regular court attendance.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 305 and 331(4) of the Bihar Negotiable Instruments Act despite a confessional statement.
- Whether the petitioner's criminal antecedents preclude the grant of bail.
- Whether the evidence recovered from the petitioner is sufficient to justify continued detention.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305, 331(4)
Subjects
- regular bail
- confessional statement
- criminal antecedent
- theft
- Bihar Negotiable Instruments Act
- sections 305
- section 331(4)
- court custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82240 of 2025
Arising Out of PS. Case No.-598 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.82240 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 persons have been
granted bail by this court vide Cr. Misc. Nos. 84021 of 2025 and
83532 of 2025. Moreover, the petitioner is languishing in
judicial custody since 02.08.2024.
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. 598 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.82240 of 2025(4) dt.18-02-2026
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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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