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Patna High Court

Navab Jan @ Md. NavabversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the prosecution’s case rests solely on a co‑accused’s statement without any other substantive evidence, subject to prescribed conditions.

Summary

Navab Jan was implicated in a theft case (FIR No. 137 of 2025) for allegedly snatching a mobile, charged under Sections 304(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The sole basis for his identification was a statement by an apprehended co‑accused, Rahul Kumar, with no other corroborative material. The petitioner contended innocence and argued that the prosecution’s case was weak, while the State highlighted three prior criminal antecedents, though the petitioner was already on bail for those matters. The court examined the sufficiency of evidence and the relevance of the prior offences, concluding that the lack of independent evidence warranted bail. Accordingly, the court ordered his release on bail of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, and further safeguards regarding cooperation, non‑tampering, and verification of antecedents.

Issues considered

  • Whether bail should be granted when the only incriminating material is a co‑accused's disclosure.
  • Whether the petitioner’s prior criminal antecedents preclude bail in the present case.
  • Whether the conditions imposed under Sec. 438(2) CrPC and Sec. 482(2) B.N.S. are appropriate.

Legislation cited

Subjects

  • bail
  • theft
  • co‑accused testimony
  • criminal antecedent
  • Bharatiya Nyay Sanhita
  • Code of Criminal Procedure
  • Bhartiya Nagarik Suraksha Sanhita
  • Patna High Court

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.92084 of 2025
                Arising Out of PS. Case No.-137 Year-2025 Thana- GHOGHARDIHA District- Madhubani
               ======================================================
               Navab Jan @ Md. Navab S/O Dilwar Husain @ Md. Dilavar Husain R/O
               Village- Jahalipatti, P.S- Ghoghadiha, District- Madhubani. ... ... Petitioner/s
                                                   Versus
               The State of Bihar                                     ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :     Mr. Gagan Deo Yadav, Advocate
                                        :     Mr. Ravi Prakash, Advocate
               For the Opposite Party/s :     Mr. Jai Narain Thakur, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

2 17-02-2026                 Heard Mr. Gagan Deo Yadav, learned counsel for the

               petitioner and Mr. Jai Narain Thakur, learned Additional Public

               Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

               with Ghoghardiha P.S. Case No. 137 of 2025, F.I.R. dated

               25.08.2025 for the offences punishable under Sections 304(2) and

               3(5) of the Bharatiya Nyay Sanhita, 2023.

                           3. As per the First Information Report, the informant

               alleged that on 25.08.2025 at about 11:45 A.M when he was

               returning to his home and reached near village Kishanpatti Bhutahi

               Balan bridge, then the petitioner along with other co-accused

               persons came, from behind, on motorcycles and one of them

               snatched his mobile and fled away.

                           4. Learned counsel for the petitioner submits that

               petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.92084 of 2025(2) dt.17-02-2026
                                            2/3




       present case and his name transpired on the basis of disclosure

       made by apprehended co-accused person, namely, Rahul Kumar

       and except the disclosure made by apprehended co-accused

       person, no other cogent material has come during investigation

       which suggest the involvement of the petitioner in the present

       occurrence.

                   5. The learned Additional Public Prosecutor has

       vehemently opposed the prayer for bail of the petitioner and

       submits that the petitioner carries three criminal antecedents other

       than the present one but fairly submits on the basis of paragraph-3

       of the bail application that the petitioner is on bail in the said

       matters.

                   6. Considering the aforesaid facts and circumstances and

       the fact that the name of the petitioner transpired on the basis of

       disclosure made by apprehended co-accused person, let the

       petitioner, above named, in the event of arrest or surrender before

       the court below within a period of thirty days from the date of

       receipt of the order, 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 the learned J.M. 1 st Class, Jhanjharpur,

       Madhubani in connection with Ghoghardiha P.S. Case No. 137 of

       2025, subject to the conditions as laid down under Section 438(2)
            Patna High Court CR. MISC. No.92084 of 2025(2) dt.17-02-2026
                                                        3/3




                   of the Code of Criminal Procedure / Section 482(2) of the Bhartiya

                   Nagarik Suraksha Sanhita and with other 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 absence on two consecutive dates without sufficient

                   reason, his 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 acceptance of bail bond in

                   terms of the above-mentioned order shall not be delayed for

                   purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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