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Patna High Court

Md. Rizwan @ Mohammad RizwanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to a bond and conditions under the Bihar Negotiable Security Act, 2023.

Summary

The petitioner, Md. Rizwan, was charged under Sections 457, 380 and later 411 of the Indian Penal Code for offences alleged in Mithanpura P.S. Case No. 550 of 2023. An earlier bail application was rejected on 13-11-2024 with a direction that a fresh application could be filed after one year; the petitioner filed a new application on 24-12-2025, having completed the stipulated period. The petitioner has been in custody since 24-12-2023 and has two other pending cases in which he is already on bail; the trial in the present case is at the prosecution‑evidence stage with three of five witnesses examined. The State opposed bail, arguing that the trial had commenced and the petitioner’s antecedent record was not clean. The Court held that bail should be granted on a bond of Rs.30,000 under Section 2(1)(d) of the Bihar Negotiable Security Act, 2023, subject to conditions prescribed under Section 480(3) of the same Act, including compliance with pending cases, appearance before the trial court and police station, and a family bailor requirement.

Issues considered

  • Whether the petitioner is entitled to regular bail after the lapse of one year from the earlier rejection order.
  • Whether the existence of pending cases and the petitioner’s custody affect the grant of bail.
  • Whether bail can be conditioned under the Bihar Negotiable Security Act, 2023 in the manner prescribed.

Legislation cited

Subjects

  • regular bail
  • IPC
  • Section 457
  • Section 380
  • Section 411
  • pending cases
  • Bihar Negotiable Security Act
  • high court bail order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91468 of 2025
                  Arising Out of PS. Case No.-550 Year-2023 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Md. Rizwan @ Mohammad Rizwan S/O Sybezan @ Md. Sudjaad R/O
                 Village- Chhit Bhagwatipur, PS- Ahiyapur, District- Muzaffarpur
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hari Kishore Thakur, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Singh Shastri, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Mithanpura P.S. Case No. 550 of 2023 lodged on 13.12.2023,

                   for the offence punishable under Sections 457 & 380 of the

                   Indian Penal Code and later on section 411 of the I.P.C has been

                   added.

                                3. Learned counsel for the petitioner submits that the

                   bail application of the petitioner was earlier rejected vide order

                   dated 13.11.2024 passed in Cr. Misc. No. 52060 of 2024 with

                   liberty that he may renew his prayer for bail after one year from

                   the date of order. Counsel submits that one year has already

                   been lapsed on 13.11.2025 and this bail application has been

                   filed on 24.12.2025 i.e. after one year from the date of rejection

                   order dated 13.11.2024. Counsel submits that the criminal
Patna High Court CR. MISC. No.91468 of 2025(3) dt.25-02-2026
                                            2/3




          antecedent of the petitioner is not clean as there are two cases

          pending against him, and in both the cases, he is on bail.

          Counsel also submits that the petitioner is in custody since

          24.12.2023. Counsel further submits that on earlier occasion,

          report with regard to the present stage of trial was called for and

          from the said report, it transpires that out of five prosecution

          witnesses, three witnesses have been examined. The charge has

          already been framed against the accused persons on 05.07.2024

          and presently, the case is running at the stage of prosecution

          evidence.

                       4. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that trial commenced and one

          year has been lapsed from the date of earlier rejection order

          dated 13.11.2024.

                       5. In the present facts and circumstances of this case,

          let the above named petitioner be released on bail, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

          satisfaction of Judicial Magistrate 1st Class (East), Court No. 17,

          Muzaffarpur in connection with Mithanpura P.S. Case No. 550

          of 2023, subject to the conditions as laid down U/s 480(3) of the

          B.N.S.S., 2023, with the following further conditions:-
             Patna High Court CR. MISC. No.91468 of 2025(3) dt.25-02-2026
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                                    (A) At the time of furnishing the bail bond, the

                       petitioner shall satisfy the Trial Court that he is not absconding

                       in any of the cases pending against him whose details are

                       mentioned below-

                                    (i) Town P.S. Case No. 665 of 2018

                                    (ii) Town P.S. Case No. 240 of 2015

                                    (B) one of the bailor should be the family member of

                       the petitioner who shall provide official document to show his

                       bona fide;

                                    (C) the petitioner shall appear before the Trial Court

                       on each and every scheduled date, and failure to do so for three

                       consecutive dates without any plausible reason/explanation shall

                       be resulted into cancellation of his bail bonds by the Trial Court

                       itself.

                                    (D) the petitioner shall appear before the concerned

                       police station for two years, within every fortnight, to mark his

                       attendance.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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