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Patna High Court

Md. DanishversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Md. Danish, was arrested in a case involving the murder of an informant's brother, alleged under Sections 103(2), 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution's case rests solely on the confessional statement of a co‑accused, with no other material evidence, no identification parade, and the petitioner not being named in the FIR. The petitioner, who has no prior criminal record and has been in custody since 1 July 2025, applied for bail. The State and the informant opposed the bail, arguing the seriousness of the offences. Considering the lack of substantive evidence, the petitioner’s clean antecedents, and the period of custody, the Court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S. and Arms Act.
  • Whether the confessional statement of a co‑accused, without any other corroborative evidence or identification parade, justifies continued detention.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • arms act
  • confessional statement
  • identification parade
  • clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87678 of 2025
                       Arising Out of PS. Case No.-87 Year-2025 Thana- NALANDA District- Nalanda
                 ======================================================
                 Md. Danish S/o Late Jahid Hussain @ Md. Jahid Hussain R/o Village -
                 Khankah, Nabab Toli Kohna Sarai, P.S - Laheri, District - Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Rudal Singh, Advocate
                 For the State            :       Mr. Anish Chandra, APP
                 For the Informant        :       Ms. Vaishnavi Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-02-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(2), 61(2) and 3(5) of the

                   B.N.S. and Section 27 of the Arms Act.

                                3. The prosecution case, in brief, is that four unknown

                   persons, riding on two motorcycles, shot brother of informant

                   due to which he died.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Petitioner is not named in the F.I.R.. Name of petitioner

                   transpired in this case during course of investigation merely on
             Patna High Court CR. MISC. No.87678 of 2025(3) dt.12-02-2026
                                                         2/2




                       the basis of confessional statement of co-accused Md. Imran.

                       Save and except confessional statement, there is no other

                       material on record to show the complicity of this petitioner in

                       the alleged occurrence. Till date, petitioner has not been put on

                       test identification parade. Moreover, charge-sheet has already

                       been submitted and petitioner, having no criminal antecedents,

                       is in custody since 01.07.2025.

                                    5. Learned A.P.P. for the State and learned counsel

                       appearing on behalf of the informant have vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, period of custody and clean antecedents of the petitioner,

                       the prayer for grant bail of to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned Additional Sessions Judge-XII, Nalanda

                       at Biharsharif in connection with Nalanda P.S. Case No. 87 of

                       2025.



                                             (Prabhat Kumar Singh, J)
shashank/-
U      T


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