Patna High Court
Md. Saif @ BalkainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Md. Saif Balkain, was accused of theft under sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023, in Gaya Muffasil P.S. Case No. 650 of 2025. The prosecution alleged that four persons, including the petitioner, committed the theft and that stolen articles were recovered based on statements of co‑accused, though no incriminating article was found on the petitioner. The petitioner, who had been in custody for seven months and had a prior bail case under the Arms Act, applied for regular bail, asserting false implication and willingness to cooperate. The State opposed the bail. The Court, after considering the allegations, the duration of custody, the filing of the charge‑sheet, and the petitioner’s antecedent, ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023 after the charge‑sheet has been filed and he has been in custody for seven months.
- Whether the petitioner’s prior antecedent under the Arms Act affects the grant of bail.
- Whether the absence of any incriminating article in the petitioner’s possession warrants bail.
Legislation cited
- Arms Act
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- theft
- regular bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- Arms Act
- custody
- charge-sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87942 of 2025
Arising Out of PS. Case No.-650 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Md. Saif @ Balkain, S/O Wasim, R/O Village- Jagdishpur, P.S- Muffasil,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate
Ms. Anjani Kumari, Advocate
Ms. Sanjana, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 20-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaya Muffasil P.S. Case
no.650 of 2025, registered under section 331(4) and 305 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, theft was committed
by the four accused persons including the petitioner herein. Two
of them were caught while escaping and on their statement as
also the statement of the petitioner who was subsequently taken
into custody, the stolen articles were also recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered either from his
possession or on his statement made before police. He has been
Patna High Court CR. MISC. No.87942 of 2025(3) dt.20-02-2026
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falsely implicated in the case. He is in custody since 4.7.2025
and has one antecedent under the Arms Act in which he is on
bail. Charge-sheet has been submitted in the case and he
undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R., the petitioner having remained in custody for 7
months since 4.7.2025 and charge-sheet having been submitted
in the case, the petitioner is directed to be enlarged on bail in
connection with Gaya Muffasil P.S. Case no.650 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 Chief Judicial Magistrate, Gaya.
(Partha Sarthy, J)
avinash/-
U T
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