Patna High Court
MD. IMRANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted to the petitioner despite the lack of his name in the FIR and pending charge‑framing, subject to a bond, sureties, and conditions of appearance and cooperation.
Summary
The petitioner, Md Imran Basir, was charged with abduction and murder under IPC sections 363, 365 and 34, but his name does not appear in the FIR; he was implicated solely through a co-accused's confessional statement. No incriminating material was recovered from him, and other accused named in the FIR have already been granted bail. The petitioner had been in custody since July 2025 and charges had not yet been framed, though a charge‑sheet had been filed. The State opposed bail, but the court noted the precedent of bail to co‑accused and the pending charge‑framing. Accordingly, the court ordered bail on a Rs.10,000 bond with two sureties, subject to the petitioner’s appearance and cooperation in framing charges, and directed the lower court to expedite the case without unnecessary adjournments.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and is implicated only through a co‑accused's confessional statement.
- Whether the absence of framed charges or a pending charge‑sheet precludes the grant of bail.
- Whether the bail granted to co‑accused influences the decision on bail for the petitioner.
Legislation cited
- Indian Penal Code — s. 34, 363, 365
Subjects
- bail
- confessional statement
- IPC
- abduction
- murder
- charge framing
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82443 of 2025
Arising Out of PS. Case No.-487 Year-2023 Thana- LAHERIYASARAI District- Darbhanga
======================================================
MD. IMRAN Md. Basir @ Mohammad Vasir R/o Village- Oilabad, P.S-
Hayaghat, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Bharat Bhushan
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 363/365 and 34 of the Indian
Penal Code.
3. Petitioner is said to have abducted and committed
murder of the son of the informant.
4. Learned counsel for the petitioner submits that the
petitioner has not been named in the First Information Report
and he has been made an accused in this case only on the basis
of confessional statement made by the co-accused. It has further
been submitted that no incriminating article has been recovered
from the possession of the petitioner and the persons who were
named in the FIR being Vikash Kumar Pandey and Sangeet
Kumar @ Bluetooth have both been granted bail vide orders
Patna High Court CR. MISC. No.82443 of 2025(3) dt.18-02-2026
2/3
dated 02.05.2025 and 28.11.2025 passed in Cr. Misc. No. 229 of
2025 and Cr. Misc. No. 75293 of 2025 respectively. It has
further been submitted that the name of one Pravesh Kumar was
also taken in the confessional statement against whom the
allegation is much graver than the petitioner and he has also
been granted bail by a coordinate Bench of this Court vide an
order dated 25.07.2025 passed in Cr. Misc. No. 38210 of 2025.
Further, the petitioner is in custody since 04.07.2025 and till
date even charges have not been framed.
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the other
accused persons named in the FIR and also named in the
confessional statement have been granted bail by coordinate
Benches of this Court coupled with the fact that the charge-sheet
as against the petitioner has already been submitted, let the
above named petitioner, be enlarged on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
with Laheriasarai P.S. Case No. 487 of 2023, subject to the
Patna High Court CR. MISC. No.82443 of 2025(3) dt.18-02-2026
3/3
conditions that the petitioner shall appear on each and every
date and cooperate in getting the charges framed as the same has
been done in the case of other accused persons.
7. The learned court concerned is directed to
proceed with the case of the petitioner expeditiously without
giving any unnecessary adjournments and get the charges
framed.
(Soni Shrivastava, J)
devendra/-
U T
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