Patna High Court
Md. Mobin @ Md MohinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
In the absence of any material establishing the petitioner as the assailant, bail must be granted.
Summary
The petitioner, Md. Mobin, was arrested in connection with a kidnapping and murder case (Tajpur PS Case No.118 of 2025) based on a confessional statement of a co-accused, though his name does not appear in the FIR. He applied for regular bail under sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, claiming false implication and no prior criminal record. The State opposed the bail, but the court noted that no material linked the petitioner directly to the crime, that he had been in custody for eight months, and that a charge‑sheet had already been filed. Considering the lack of substantive evidence against him and his clean antecedent, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was granted subject to the conditions prescribed by the Additional Chief Judicial Magistrate‑I, Samastipur.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 103 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 despite being implicated through a co‑accused's confessional statement.
- Whether the material on record is sufficient to deny bail on the ground of the petitioner being the alleged assailant.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 61(2)
Subjects
- regular bail
- criminal procedure
- confessional statement
- false implication
- kidnapping
- murder
- Bharatiya Nyaya Sanhita
- section 103
- section 61(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89265 of 2025
Arising Out of PS. Case No.-118 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
Md. Mobin @ Md Mohin, S/o Md. Naeem, R/o village- Umaidpur, Police
Station- Tajpur, District– Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Tajpur P.S. Case no.118
of 2025, registered under sections 103 and 61(2) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that his 14 year old son was kidnapped and killed by accused
persons. He further states that he suspects that as a result of
previous land dispute the ten named accused persons have a
hand in the occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the F.I.R. He was falsely implicated in
Patna High Court CR. MISC. No.89265 of 2025(4) dt.19-03-2026
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the case in course of investigation in the confessional statement
of co-accused Krishna Murari Mishra @ Raja Mishra made
before police and is falsely alleged to have subsequently
confessed his crime before the police. Learned counsel submits
that even as per the statement of the co-accused Krishna Murari
Mishra as also the petitioner’s alleged confession, at best the
petitioner is said to have given a dabiya to Krishna Murari
Mishra who is said to have murdered the informant’s son. The
petitioner is in custody since 18.7.2025 and has no criminal
antecedent. Charge-sheet has been submitted in the case.
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 allegation in the F.I.R., the material
that has transpired against the petitioner in course of
investigation, no material having transpired to the effect of the
petitioner being the assailant of the deceased, the petitioner
being in custody for 8 months since 18.7.2025, charge-sheet
having been submitted in the case and the petitioner not having
any criminal antecedent, the petitioner is directed to be enlarged
on bail in connection with Tajpur P.S. Case no.118 of 2025, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.89265 of 2025(4) dt.19-03-2026
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two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-I, Samastipur.
(Partha Sarthy, J)
avinash/-
U T
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