Patna High Court
Ful MohammadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Ful Mohammad, was charged under Sections 334(1), 303(2), 324(5) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 for the theft of Rs. 18,04,300 and the arson of an ICICI Bank ATM. He claimed innocence, arguing that the FIR was lodged against unknown persons and that his implication rested solely on the confessional statement of co‑accused Rajesh Kumar, with no material recovered from him. The petitioner highlighted that a similarly situated co‑accused, Mohammad Sattar, had been granted bail by a coordinate bench. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior custody. After considering the submissions, the court granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions such as regular court attendance, a blood‑relative bailor, and obligations to report any further similar accusations. The order also allowed for cancellation of bail if the petitioner tampered with evidence or failed to appear.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention.
- Whether the precedent of bail granted to a co‑accused (Mohammad Sattar) influences the bail decision in the present case.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 324(5), 334(1), 61(2)
Subjects
- bail
- robbery
- arson
- ATM theft
- Bhartiya Nyaya Sanhita
- confessional statement
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87080 of 2025
Arising Out of PS. Case No.-427 Year-2024 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Ful Mohammad, S/O Jumma Miyan, Resident of Village- Salaha, P.S-
Sangrampur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. D Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Sadar
P.S. Case No. 427 of 2024 dated 06.07.2024 instituted for the
offence punishable under Sections 334(1), 303(2), 324(5), 61(2) of
the Bhartiya Nyaya Sanhita, 2023.
3. As per the F.I.R., altogether Rs. 18,04,300/- was
stolen by unknown miscreants from ICICI Bank ATM and the
ATM was completely destroyed by putting the same on fire.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that the
F.I.R. has been lodged against unknown person. During
investigation, one Rajesh Kumar was apprehended. The petitioner
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has been made accused in this case only on the basis of
confessional statement of co-accused Rajesh Kumar. Nothing has
been recovered either from the conscious possession of the
petitioner or from his house. It is further submitted that similarly
situated co-accused person, namely, Mohammad Sattar has been
granted bail vide order dated 03.02.2026 passed by a co-ordinate
Bench of this Court in Criminal Miscellaneous No. 4734 of 2026.
Lastly, it has been submitted that the petitioner is in custody since
29.03.2025 having two criminal cases against him. Charge-sheet
has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the
petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Chief Judicial Magistrate,
Muzaffarpur in connection with Sadar P.S. Case No. 427 of 2024,
subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by
the Court and on his absence on two consecutive
dates without sufficient reason, his bail bond shall be
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cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made
accused in any other case of similar nature after his
release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
5. The petitioner within two weeks after his release
from custody shall appear before the local police
station along with a copy of this order and thereafter
shall appear in the first week of every month to mark
his attendance till conclusion of trial.
(Khatim Reza, J)
premchand/-
U T
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