Patna High Court
Md. Zawed AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
The petitioner, Md. Zawed Ali, was arrested in connection with a robbery and assault case (Laheri PS Case No. 629 of 2024) where miscreants allegedly stole Rs. 40,000 and jewellery worth Rs. 25,00,000 and shot the complainant. The prosecution’s case is based on a confessional statement of a co‑accused, with no material recovered from the petitioner and no identification by the police. The petitioner argued that the FIR names unknown persons, he has not been found in possession of any stolen property, and he is already on bail in 11 of his 13 pending cases. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal antecedents. The Court, after considering the submissions, granted bail on a Rs. 10,000 bond with two sureties and imposed several conditions, including regular reporting to the Superintendent of Police and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner in a case involving robbery, theft, and assault under Section 309(6) of the B.N.S.
- Whether the lack of material recovery and identification of the petitioner justifies bail despite his criminal antecedents.
Legislation cited
- B.N.S. — s. 309(6)
Subjects
- bail
- criminal procedure
- robbery
- theft
- firearms
- Section 309(6) B.N.S.
- high court
- surety
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84254 of 2025
Arising Out of PS. Case No.-629 Year-2024 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Md. Zawed Ali S/o Naushad Ali @ Nushad Ali R/o Mohalla- Tirahe Ki
Masjid, Police Station - Sultanganj, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, Adv.
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Laheri
P.S. Case No. 629 of 2024, instituted for the offences under
Sections 309(6) of the B.N.S.
3. As per prosecution case, the informant has alleged
that he had gone to School and other family members had gone
to Rajgir and he came to know that some miscreants have
entered in his house and when he returned, he saw that two
persons are fleeing away from his house and when he tried to
catch hold of them, one person took out pistol from his waist
and shot upon him hitting his arm, while other person fled away.
It was found that the miscreants have looted away Rs. 40,000/-
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and all the jewellaries, which all amounted to Rs. 25,00,000/-.
4. Learned counsel for the petitioner submits that the
F.I.R. has been lodged against unknown and the name of the
petitioner has surfaced on the confessional statement of co-
accused. It has next been submitted that there is no recovery
made from the conscious possession of the petitioner and till
date no T.I.P. has been conducted by the Police, nor ascertained
the identity of the petitioner. It has next been submitted that the
petitioner was first arrested in Sultanganj P.S. Case No. 538 of
2024 and thereafter, he has been remanded in all the cases
including the present one. It has lastly been submitted that the
petitioner has been shown to carry 13 criminal cases, out of the
same he is on bail in 11 cases, while applications of two cases
are still pending and he is in custody in the present case since
13.08.2025. Learned counsel for the petitioner submits that co-
accused namely Md. Samir @ Sunni @ Md. Samir Khan has
already been enlarged on bail by this Court vide order dated
05.01.2026, passed in Cr. Misc. No. 84628 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions, the
petitioner above named, is directed to be released on bail on
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furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Nalanda at Biharsharif in connection with
Laheri P.S. Case No. 629 of 2024, subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court be-low shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of the same or in the name of
verification.
(v) In view of the antecedents of the petitioner, the
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petitioner is directed to appear before the Superintendent of
Police, within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next nine months.
The conduct of the petitioner will be kept under watch in this
period by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation of
bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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