Patna High Court
Md. Zawed Ali @ Md. ZawedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to bond, sureties and conditions, finding insufficient material to justify continued detention.
Summary
The petitioners, Md. Zawed Ali and Md. Samir Khan, were arrested on 30 July 2025 in connection with a theft case (Sohsarai PS Case No. 318 of 2024) under Sections 331(4) and 305(b) of the Bihar Narcotic Substances Act, 2023. They contend that they are not named in the FIR and that their alleged involvement is based solely on their own confessional statements, with no material seized or any third‑party investigation (TIP) conducted. The State opposed bail, highlighting that each petitioner has numerous other pending criminal cases. The Court observed that the lack of a name in the FIR, absence of recovered property, and no TIP weaken the prosecution’s case, and therefore ordered bail on a bond of Rs 10,000 each with two sureties and specific conditions regarding cooperation, presence, and non‑tampering of evidence. The bail order also directs the lower court to verify the petitioners’ criminal antecedents but not to delay the acceptance of the bail bonds.
Issues considered
- Whether bail should be granted when the accused are not named in the FIR and the only evidence is a self‑confessional statement.
- Whether the existence of multiple pending criminal cases against the accused warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305(b), 331(4)
Subjects
- bail
- criminal procedure
- confession
- FIR
- Section 331(4)
- Section 305(b)
- Bihar Narcotic Substances Act
- high court
- antecedent verification
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82711 of 2025
Arising Out of PS. Case No.-318 Year-2024 Thana- SOHSARAI District- Nalanda
======================================================
1. Md. Zawed Ali @ Md. Zawed S/O Naushad Ali @ Naushad Ali R/O Tirahe
Ki Masjid, Police Station- Sultanganj, Dist.- Patna
2. Md. Samir Khan @ Sunny @ Md. Samir @ Sanni S/O Md. Noor Hasan
Khan R/O Khan Mirza Gous Gali, Police Station- Sultanganj, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Krishna Jha, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr.Raj Krishna Jha, learned counsel for the
petitioners and Mr.Humayou Ahmad Khan, learned Additional
Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
30.07.2025 in connection with Sohsarai P.S. Case No. 318 of
2024, F.I.R. dated 23.12.2024 registered for the offence
punishable under Sections 331(4) and 305(b) of BNS, 2023.
3. The FIR of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioners submits that the
petitioners are not named in the FIR. The petitioners have been
remanded in the present case from Sultanganj P.S.Case
No.538/2024. Thereafter, the petitioners have confessed their
Patna High Court CR. MISC. No.82711 of 2025(3) dt.27-01-2026
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guilt in the present occurrence but nothing has been recovered
from conscious possession or the house of the petitioners and till
date no TIP has been conducted by the prosecution and except
the aforesaid, no other cogent material has come during
investigation against the petitioners to suggest the involvement
of the petitioners in the present occurrence and the petitioners
are in custody since 30.07.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners and submits that
petitioner No.1 carries sixteen more cases and petitioner No.2
carries fifteen more cases other than the present one but fairly
submits that the petitioners are on bail except Pirbahore
P.S.Case No.837/2024, Pirbahore P.S.Case No.836/2024 and
Ramkrishna Nagar P.S.Case No.783/2024, as mentioned in para-
3 of the supplementary affidavit.
6. Considering the aforesaid facts, petitioners are not
named in the FIR, the name of the petitioners has been
transpired during investigation on the basis of the self-
confessional statement of the petitioners and till date no TIP has
been conducted by the prosecution, let the petitioners, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand)each with two sureties of the like
Patna High Court CR. MISC. No.82711 of 2025(3) dt.27-01-2026
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amount each to the satisfaction of learned Judicial Magistrate-
1st Class, Nalanda at Biharsharif in connection with Sohsarai
P.S. Case No. 318 of 2024, with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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