Patna High Court
Md. DanishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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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