Md. Nabib Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Md. Nabib Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in Birpur P.S. Case No. 324 of 2024 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-IV, Supaul, subject to the conditions under Section 480(3) of BNSS.

Issue for consideration

Whether the petitioner, who is not named in the FIR and whose alleged connection with the crime rests on the confessional statement of a named co-accused, is entitled to be released on bail in Birpur P.S. Case No. 324 of 2024.

Court's answer

Save and except suspicion arising out of the confessional statement of the co-accused, nothing transpires prima facie during investigation as to connect the petitioner with the crime in question.

Ratio / Principle

Since the investigation of the case is already completed and the petitioner remains in custody since 21.09.2024, the petitioner was directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-IV, Supaul, subject to the conditions under Section 480(3) of BNSS.

Detailed headnote1 paragraphs

Bail granted (Chandra Shekhar Jha, J., 12-09-2025). In a case under Sections 140(3), 140(1), 3/5 of the B.N.S. (Birpur P.S. Case No. 324 of 2024, District Supaul), the petitioner, who was not named in the FIR and was in custody since 21.09.2024, was held to be connected with the crime, prima facie, only through suspicion arising out of the confessional statement of a named co-accused. With the investigation already completed and charge-sheet submitted (no chance of tampering with evidence), the Court directed his release on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-IV, Supaul, subject to the conditions under Section 480(3) of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32891 of 2025

Arising Out of PS. Case No.-324 Year-2024 Thana- BIRPUR District- Supaul

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

Md. Nabib S/o Phool Mohammad @ Ful Mohammad Resident of Village - Mohanpur, Ward No. 01, Police Station - Birpur, Distt- Supaul

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 12-09-2025 Heard the parties.

The petitioner seeks bail in connection with Birpur P.S. Case No. 324 of 2024 registered for the offence under Sections 140(3), 140(1), 3/5 of the B.N.S.

The petitioner is not named in the F.I.R. and is in custody since 21.09.2024.

The allegation as per FIR is that husband of the informant was taken from home by named co-accused persons Sanjay Kumar, Atabul and some unknown persons and after that he was found missing.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely implicated with

Patna High Court CR. MISC. No.32891 of 2025(3) dt.12-09-2025 2/3

present case as except confessional statement of the named coaccused namely Md. Atabul nothing appears incriminating against this petitioner. It is submitted that the dead body of the deceased husband of the informant was recovered on the instance of Sanjay Kumar, which was in such decomposed condition that could not even identified by the informant. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposed the prayer of bail.

In view of aforesaid facts and submission as

mentioned above, save and except suspicion arising out of the confessional statement of the co-accused nothing transpires prima-facie during investigation as to connect petitioner with present crime in question, coupled with fact that investigation of this case is already completed, where petitioner remains in custody since 21.09.2024, accordingly petitioner above named, is directed to be released on bail in connection with Birpur P.S. Case No. 324 of 2024 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional

Patna High Court CR. MISC. No.32891 of 2025(3) dt.12-09-2025 3/3

Sessions Judge-IV, Supaul, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J)

Siddharth Soni/-

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