Patna High Court
Md. Salauddin @ Md.SlauddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Md. Salauddin, was arrested in connection with the theft of temple statues valued at Rs. 50 lakh, alleged under Sections 303(2) and 334(1) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, not named in the FIR, and that the case against him was based solely on a co‑accused’s confessional statement, with no stolen articles recovered from his possession and no T.I.P. conducted. The petitioner had been in custody since 14 March 2025 and had no prior criminal record. The State opposed bail, but the Court, considering the lack of direct evidence and the period of custody, decided to grant bail. The order directed the petitioner’s release upon furnishing a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Sections 303(2) and 334(1) of the Bharatiya Nyaya Sanhita, given the evidentiary circumstances?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)
Subjects
- bail
- theft
- religious property
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90124 of 2025
Arising Out of PS. Case No.-30 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Md. Salauddin @ Md.Slauddin Son of Md. Raju Resident of Village- Pakki
Sarai, Teen Kothia, Ward No. 42, P.S.- Mithanpura (Mithanpura), District-
Muzaffarpur. Presently Resident of Village- Malighat Sar Saiyat Coloy, P.S.-
Mithanpura, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Khushi Awadh, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, 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
Dalsingh Sarai P.S. Case No. 30 of 2025 instituted for the
offences under Sections 303(2), 334(1) of the Bharatiya Nyaya
Sanhita, 2023.
3. Prosecution case, in short, is that the statues of Lord
Ram, Sita and Laxman amounting to Rs. 50,00,000/- were
stolen by unknown thief by breaking the lock of the temple.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.90124 of 2025(2) dt.16-01-2026
2/2
transpired in this case on the basis of confessional statement of
co-accused Md. Firoz. No incriminating/theft article has been
recovered from the conscious possession of the petitioner.
Learned counsel further submitted that T.I.P. has not been
conducted till date. Learned counsel further submitted that
petitioner has got no concern with the stolen articles. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 14.03.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dalsingh Sarai P.S.
Case No. 30 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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