Patna High Court
Md. JamshedversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Md. Jamshed, was arrested in connection with a theft case under Sections 305 and 331(4) of the Bihar Negotiable Instruments Act, alleged to involve the stealing of valuables worth Rs.50,000 and cash of Rs.10,000. He had been in judicial custody since 18 July 2025 and had given a confessional statement, though the recovered coins were not the subject of the charge. The prosecution opposed bail, highlighting the petitioner’s criminal antecedent of fourteen pending cases. The petitioner’s counsel argued that apart from the confessional statement there was no other incriminating material against him. After hearing both sides, the court granted regular bail on the condition of cooperation with the trial, regular attendance, and a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 305 and 331(4) of the Bihar Negotiable Instruments Act despite his confessional statement and prior criminal antecedents.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305, 331(4)
Subjects
- regular bail
- theft
- confessional statement
- criminal antecedent
- Sections 305
- Section 331(4)
- Bihar Negotiable Instruments Act
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90114 of 2025
Arising Out of PS. Case No.-605 Year-2024 Thana- BHAGWAN BAZAR District- Saran
======================================================
Md. Jamshed S/o- Md. Qureshi Resident of Mohalla- Karim Chak Khanua
PS- Chhapra Town District- Saran at Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 305 &
331(4) of the BNS.
3. The case of the prosecution, in short, is that
unknown miscreants have stolen valuables worth Rs.50,000/-
and cash Rs.10,000/- from the house of the informant.
4. Learned counsel for the petitioner submits that the
petitioner has been remanded in this case from Chhapra Town
P.S. Case No. 753 of 2024 and the petitioner has also given his
confessional statement. It has also been submitted that certain
coins were recovered from the house of the petitioner but those
coins were not subject matter of this case. Save and except the
Patna High Court CR. MISC. No.90114 of 2025(3) dt.18-02-2026
2/2
confessional statement of this petitioner, there is nothing against
him. The petitioner is languishing in judicial custody since
18.07.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail and has submitted that the
petitioner is having criminal antecedent of 14 cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall co-operate in the trial and shall remain
physically present on each and every date in the learned trial
court and shall mark his attendance weekly at Chhapra Town
P.S. The above named petitioner is directed to be released on
bail in connection with Bhagwan Bazaar P.S. Case No. 605 of
2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-II, Saran at
Chhapra.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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