Patna High Court
Md. EkhlaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 307, 34, 353
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
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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
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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
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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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