Patna High Court
Md. Bablu @ Md. BabaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner on the condition of a cash bond and two sureties.
Summary
The petitioner, Md. Bablu, was arrested in connection with a case involving stolen motorcycles and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner supplied stolen motorcycles to co‑accused, but the petitioner was not named in the FIR and no material was recovered from his possession. The petitioner claimed false implication, citing that the only link was a co‑accused's confessional statement and that Section 103 of the BNSS was not complied with. The court noted the petitioner’s lack of prior criminal record, the prolonged custody since October 2025, and the fact that other co‑accused had already been granted bail. Considering these circumstances, the court decided to grant bail to the petitioner on the condition of a cash bond and two sureties.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the charges and the evidence against him
- Whether the petitioner’s implication based solely on a co‑accused’s confessional statement and lack of material seizure warrants continued detention
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 303(2), 317(4), 318(4), 336(3), 338, 3(5)
Subjects
- bail
- criminal procedure
- false implication
- stolen motorcycles
- Bharatiya Nyaya Sanhita
- Section 103
- parity
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89957 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- PALIGANJ District- Patna
======================================================
Md. Bablu @ Md. Babalu Son of Md. Kalim Resident of Mohalla- Taj Nagar,
P.S.- Phulwari Sharif, Ward No. 4, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mishra, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Paliganj P.S. Case No. 60 of 2025 instituted for the offence
under Sections 338, 336(3), 318(4), 303(2), 317(4) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that during
vehicle checking on 03.02.2025, police apprehended co-
accused, namely, Pappu Kumar with a motorcycle bearing a
fake registration number, which on verification was found to be
stolen. Further investigation led to the arrest of other co-accused
persons from whose possession another stolen motorcycle with
fake number was recovered. On enquiry, all accused disclosed
Patna High Court CR. MISC. No.89957 of 2025(2) dt.16-01-2026
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that the stolen motorcycles were purchased from Md. Bablu
(petitioner), who allegedly used to stole and sell motorcycles.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 06.10.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused. Nothing has been recovered from the conscious
possession of the petitioner. Petitioner has no concern with the
recovered motorcycles. There is no compliance of Section 103
of the BNSS, 2023. Other co-accused have been granted bail by
a Co-ordinate Bench of this Court, vide order dated 06.05.2025
passed in Cr. Misc. No. 27381 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, manner of
petitioner’s implication and claim based on parity, this Court is
inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.89957 of 2025(2) dt.16-01-2026
3/3
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Paliganj P.S. Case
No. 60 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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