Md. Firdaus @ Md. Firdaush v. The State of Bihar

Patna HC29 Apr 2025CR. MISC./22792/2025

Case brief

AI extract

What is this about?

Regular bail granted; theft of jewellery from shop; Barauni P.S. Case No. 23 of 2025; Begusarai; BNS Sections 334(1), 303(2); Arms Act Section 27; accused not named in FIR; no T.I.P.; no recovery; no eyewitness; secret information; inculpatory confession; judicial custody since 10.02.2025; no criminal antecedent; State opposed bail; bail bond Rs. 10,000/- with two like sureties; CJM Begusarai; Patna High Court CR. MISC. No. 22792 of 2025; order dt. 29-04-2025; Justice S. B. Pd. Singh.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail in connection with Barauni P.S. Case No. 23 of 2025 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. ¶¶25

Md. Firdaus @ Md. Firdaush Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, booked in Barauni P.S. Case No. 23 of 2025 for offences punishable under Sections 334(1) and 303(2) of BNS and Section 27 of the Arms Act, should be enlarged on regular bail.

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Court's answer

Taking into consideration the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail.

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Ratio / Principle

The petitioner was directed to be enlarged on bail in connection with Barauni P.S. Case No. 23 of 2025 on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

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Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), Criminal Miscellaneous No. 22792 of 2025, order dated 29-04-2025: Regular bail granted to Md. Firdaus @ Md. Firdaush in connection with Barauni P.S. Case No. 23 of 2025 (District Begusarai), registered for offences punishable under Sections 334(1) and 303(2) of BNS and Section 27 of the Arms Act. Prosecution alleged that 4-5 unidentified miscreants committed theft at the informant's jewellery shop, firing shots to instill fear while escaping; gold and silver jewellery worth ₹1,75,000/- entrusted for repair, along with new gold and silver items valued at ₹2,75,000/-, was found stolen. Counsel for the petitioner submitted that he was not named in the F.I.R., was not put on T.I.P., nothing incriminating was recovered, there was no eyewitness, his name surfaced through secret information followed by a recorded inculpatory confession, he was in judicial custody since 10.02.2025, and he had no criminal antecedent; the learned APP opposed the bail prayer. Considering the facts and circumstances, the Court enlarged the petitioner on bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22792 of 2025

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Arising Out of PS. Case No.-23 Year-2025 Thana- BARAUNI District- Begusarai

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======================================================

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Md. Firdaus @ Md. Firdaush son of Md. Nadim Akhtar Resident of village - Maida Babhangama, Ps- Birpur, Dist- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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2 29-04-2025

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Heard learned counsel for the petitioner and

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learned APP for the State .

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The petitioner has filed the instant application

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for grant of regular bail in a case registered for the offences punishable under Sections 334(1), 303(2) of BNS and Section 27 of Arms Act.

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The prosecution case, in brief, is that 4 to 5 unidentified miscreants committed theft at the jewellery shop of the informant. Upon hearing the sound of the shutter being broken, the house owner, Md. Jiyauddin,

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raised an alarm, whereupon the miscreants allegedly fired

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shots to instill fear and facilitate their escape. It is further

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Patna High Court CR. MISC. No.22792 of 2025(2) dt.29-04-2025 2/3

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alleged that when the informant, accompanied by his relatives, arrived at the scene, they found the shop’s shutter broken. Upon inspection, it was found that gold and silver jewelry worth ₹1,75,000/–, which had been entrusted for repair, along with new gold and silver items valued at ₹2,75,000/–, had been stolen.

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It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. There is no eye witness of the alleged offence. The name of petitioner sprang up in this case on the basis of secret information and after his arrest, his inculpatory confession was recorded. Moreover, the petitioner is languishing in judicial custody since 10.02.2025. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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Learned APP appearing for the State has

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Patna High Court CR. MISC. No.22792 of 2025(2) dt.29-04-2025 3/3

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vehemently opposed the prayer for Bail.

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Having heard learned counsel for the parties

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and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barauni P.S. Case No. 23 of 2025 on furnishing bail bond of Rs. 10,000/(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

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(S. B. Pd. Singh, J)

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Nirajkrs/-

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U T

Md. Firdaus @ Md. Firdaush v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Firdaus @ Md. Firdaush v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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