Patna High Court
Md. Wasim @ KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court directed that the petitioner be released on bail as there was no prima facie evidence linking him to the offences beyond the co‑accused’s confessional statement.
Summary
The petitioner, Md. Wasim Khan, applied for bail in a case registered under Sections 310(3) and 317(5) of the B.N.S and Section 27 of the Arms Act, alleging that he was not named in the FIR and had been in custody since 28‑02‑2025. The only link to the petitioner was a confessional statement made by co‑accused, with no other incriminating material found during the investigation, which had already been completed. The petitioner argued that another co‑accused had already been granted bail and that there was no risk of evidence tampering. The State opposed bail, relying on the suspicion arising from the confessional statements. The Court held that, in the absence of prima facie evidence beyond the confessional statements and given the completed investigation, bail should be granted, directing the petitioner to be released on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) B.N.S.
Issues considered
- What is the appropriate basis for granting bail when the only evidence against the accused is a confessional statement of a co‑accused?
- Does the completion of investigation and lack of prima facie evidence justify bail despite the seriousness of the offences?
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 310(3), 317(5), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- confessional statement
- prima facie evidence
- Arms Act
- Criminal Procedure Code
- investigation completed
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86171 of 2025
Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Md. Wasim @ Khan Son of Md. Usman R/o Village - Salempur, PS -
Ahiyapur, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore
For the Opposite Party/s : Mr.Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The accused/petitioner seeks bail in connection with
Muzaffarpur Sadar P.S. Case No. 33 of 2025 registered for the
offences under Sections 310(3), 317(5) of the BNS and Section
27 of the Arms Act.
3. The accused/petitioner is not named in the FIR and is
in custody since 28.02.2025.
4. As per FIR, some unknown miscreants looted cash
and office articles etc. from the office of brother of the informant,
who was shot dead by miscreants during the occurrence.
5. It is submitted by learned counsel appearing on behalf
of the petitioner that name of petitioner transpired through
confessional statement of apprehended co-accused persons. It is
submitted that in furtherance of confessional statement, nothing
Patna High Court CR. MISC. No.86171 of 2025(2) dt.06-02-2026
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incriminating surfaced/recovered during investigation which may
suggest the involvement of petitioner with the present crime in
question. It is pointed out by learned counsel that similarly
situated co-accused namely, Mohit @ Jai Prakash Kumar has
already been granted bail by one of the learned coordinate Bench
of this Court through Cr. Misc. No. 35226 of 2025 dated
04.09.2025. It is submitted that petitioner was not put on TIP as
yet and, moreover, investigation of this case is already completed,
and as such there is no chance of tampering with the evidence.
Petitioner found involved in one more case, where he is on bail.
6. Learned A.P.P. opposed the prayer for bail.
7. In view of aforesaid factual submission and by taking
note of the fact as except suspicion arising out of confessional
statement of apprehended co-accused persons, prima facie
nothing appears incriminating during investigation against the
petitioner as to connect him prima facie with the present
occurrence of dacoity and murder, coupled with the fact that
petitioner remains in custody since 28.02.2025, where
investigation of this case is already completed, accordingly, above-
named petitioner is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand only) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.86171 of 2025(2) dt.06-02-2026
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District & Additional Sessions Judge 5th,Muzaffarpur /concerned
court, in connection with Muzaffarpur Sadar P.S. Case No. 33 of
2025, subject to the condition as laid down under Section 437(3)
Cr.P.C/Section 480(3) of theB.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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