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Patna High Court

Md. EkhlaqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the petitioner was not named in the FIR, the case against him rests only on a co‑accused’s confession and no TIP has been filed.

Summary

The petitioner, Md. Ekhlaque, was arrested on 21‑06‑2025 in connection with a case involving offences under Sections 353, 307/34 of the IPC, Section 27 of the Arms Act and Sections 3/4 of the Explosive Substance Act. The prosecution’s case is based on two FIRs, neither of which originally named the petitioner; his name was later added based on a co‑accused’s confessional statement, and no Turn‑over of Investigation Report (TIP) has been filed. The State opposed bail, citing the petitioner’s involvement in eleven other cases, though he is already on bail in those matters. The court noted the lack of a TIP and the fact that the petitioner’s implication rests solely on a co‑accused’s confession, and therefore granted bail on a Rs 10,000 bond with two sureties, imposing conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be accepted without delay for verification purposes.

Issues considered

  • The adequacy of evidence when the petitioner is implicated solely through a co‑accused’s confessional statement and not named in the FIR
  • Whether the absence of a Turn‑over of Investigation Report (TIP) warrants granting bail
  • Impact of the petitioner’s other pending criminal cases on the bail application
  • Application of bail principles under the Criminal Procedure Code in cases involving serious offences under the IPC, Arms Act and Explosive Substances Act

Legislation cited

Subjects

  • bail
  • criminal procedure
  • confessional statement
  • FIR
  • turn‑over of investigation report
  • Arms Act
  • Explosive Substances Act
  • dacoity
  • Indian Penal Code
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91508 of 2025
                 Arising Out of PS. Case No.-12 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Md. Ekhlaque S/o Late Safiur Rahman @ Shahera R/o Village - Garhara, P.S
                 - Amour, District - Purnia

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Mazher Alam, Advocate
                 For the Opposite Party/s :     Mr.Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   22-01-2026                  Heard Mr.Mazher Alam, learned counsel for the

                   petitioner and Mr.Pramod Kumar Pandey, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   21.06.2025 in connection with S.T.No.277/2025 arising out of

                   Kochadhaman P.S. Case No. 12 of 2024, F.I.R. dated

                   02.02.2024 registered for the offence punishable under

                   Sections 353,307/34 of IPC, Section 27 of Arms Act and

                   Section 3/4 of Explosive Substance Act.

                                3. Prosecution case in brief is that on 02.02.2024

                   during night patrolling, when the police force reached at

                   Budhimari Karmkar Tola the unknown miscreants who were

                   armed with weapons, fired bullet and thrown bomb upon
Patna High Court CR. MISC. No.91508 of 2025(3) dt.22-01-2026
                                            2/4




          them. Due to which one police personnel namely Laltu Kumar

          got injured. The unknown miscreants had committed dacoity

          in the house of Manish Karmkar.

                       4. Learned counsel for the petitioner submits that for

          the same set of occurrence, two FIRs have been instituted by

          the prosecution. One is Kochadhaman P.S.Case No. 11 of

          2024 and another is Kochadhaman P.S.Case No.12 of 2024

          and petitioner is not named in the FIR. The name of the

          petitioner has been transpired during investigation on the

          basis of the confessional statement of co-accused person,

          namely, Sandeep Kumar Singh and till date no TIP has been

          conducted by the prosecution and the police, after

          investigation, submitted the chargesheet against the petitioner

          and the petitioner is in custody since 21.06.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that

          the petitioner carries eleven more cases other than the present

          one but fairly submits that the petitioner is on bail in all the

          cases, as mentioned in para-3 of the supplementary affidavit.

                       6. Considering the aforesaid facts, petitioner is not

          named in the FIR, name of the petitioner has been transpired

          during investigation on the basis of the confessional statement
Patna High Court CR. MISC. No.91508 of 2025(3) dt.22-01-2026
                                            3/4




          of co-accused person, namely, Sandeep Kumar Singh and till

          date no TIP has been conducted by the prosecution, let the

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

          bond of Rs.10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned Sessions Judge,

          Kishanganj in connection with S.T.No.277/2025 arising out of

          Kochadhaman P.S. Case No. 12 of 2024, with the following

          conditions:-

                       (I) Petitioner shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on his/her absence on two consecutive dates

          without sufficient reason, his/her bail bond shall be cancelled

          by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       (III) And, further condition that the court below

          shall verify the criminal antecedent of the petitioner and in

          case at any stage, it is found that the petitioner has concealed

          his criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
               Patna High Court CR. MISC. No.91508 of 2025(3) dt.22-01-2026
                                                           4/4




                         acceptance of bail bonds in terms of the above-mentioned

                         order shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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