Patna High Court

Md. Sajid @ Sajid Alam @ LambuversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to a cash bond and specific conditions.

Summary

The petitioner, Md. Sajid, was arrested in a 2010 case (PS No. 229) for offences under Sections 413 and 414 of the Indian Penal Code. The prosecution alleged that a police raid, based on secret information, recovered a golden chain, mobile phone and silver ornaments, and that the petitioner’s name was linked to the case through confessional statements of co‑accused persons. The petitioner contended that he was not present at the scene, that the confessional statements of the co‑accused have no evidentiary value, and that he is innocent despite having five prior criminal cases for which he is out on bail. The State opposed bail, but the court, considering the lack of direct incriminating material in the petitioner’s possession and the period of custody already endured, decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety and mandatory appearance at trial dates.

Issues considered

Whether bail should be granted in a case involving offences under Sections 413 and 414 of the IPC.
Whether confessional statements of co‑accused persons can form a basis for denying bail.
Whether the petitioner’s prior criminal antecedents justify refusal of bail.

Legislation cited

Indian Penal Code — s. 413, 414

Subjects

bail
IPC 413
IPC 414
confessional statements
prior antecedents
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90625 of 2025
                   Arising Out of PS. Case No.-229 Year-2010 Thana- KAJI MUHAMMADPUR District-
                                                      Muzaffarpur
                 ======================================================
                 Md. Sajid @ Sajid Alam @ Lambu Son of Late Md. Chand Resident of
                 Village Majhaliya, P.S.- Sadar, District - Muzaffarpur.

                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :     Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Kazi

                   Mohammadpur P.S. Case No. 229 of 2010, instituted for the

                   offences punishable under Sections 413, 414 of the Indian Penal

                   Code.

                                3. The prosecution case, in short, is that on the basis

                   of secret information police raided and arrested three co-accused

                   persons and recovered golden chain, mobile phone and silver

                   ornaments from them.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.90625 of 2025(2) dt.13-01-2026
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          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submits that the petitioner was not present at the place of

          occurrence. Name of the petitioner has transpired in this case on

          the basis of confessional statement made by co-accused persons

          and the same has got no evidentiary value. The petitioner is in

          custody since 16.09.2025 and has got five criminal antecedents

          in which he is on bail.

                       5. Learned APP 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 and taking into account 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 Kazi Mohammadpur

          P.S. Case No. 229 of 2010, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
             Patna High Court CR. MISC. No.90625 of 2025(2) dt.13-01-2026
                                                         3/3




                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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