Patna High Court
Md. Shahbaj @ Md. ShahnawajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Md. Shahbaj, was arrested in connection with a theft case (PS Rajnagar Case No. 422 of 2025) alleged under sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023. The FIR states that the petitioner was seen fleeing with a bag after ornaments were reported missing, although no incriminating articles were recovered from him. The petitioner contended that he was falsely implicated, citing his antecedents and the absence of seized material, and had been in custody since 1 October 2025 with a chargesheet already filed. The State opposed the bail application, arguing the seriousness of the alleged offences. After considering the FIR, investigation material, the four‑month custodial period, and the filed chargesheet, the Court ordered that the petitioner be released on regular bail. Bail was conditioned on a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑I, Madhubani.
Issues considered
- Whether regular bail should be granted to the accused under sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita after four months of custody and filing of a chargesheet.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 331(4)
Subjects
- regular bail
- theft
- false implication
- Bharatiya Nyaya Sanhita
- criminal procedure
- chargesheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87897 of 2025
Arising Out of PS. Case No.-422 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Md. Shahbaj @ Md. Shahnawaj S/o Md. Ali, R/o Village- Chakdah Mansoori
Tole, P.S - Rajnagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 24-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Rajnagar P.S. Case no.
422 of 2025 registered under sections 331(4) and 305(a) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that while sleeping late in the night, she woke up hearing some
sound. She saw the petitioner escaping with a bag. On
verification, it transpired that certain ornaments as mentioned in
the FIR were missing.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedents. No incriminating article has been recovered from his
possession. He is in custody since 1.10.2025 and chargesheet has
Patna High Court CR. MISC. No.87897 of 2025(4) dt.24-02-2026
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been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, the petitioner
having remained in custody for four months since 1.10.2025 and
chargesheet having been submitted in the case, the Court directs
the petitioner to be enlarged on bail in connection with Rajnagar P.S.
Case no. 422 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-I,
Madhubani.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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