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2025 Supreme(Online)(Pat) 5664
PATNA HIGH COURT
Mr. Shailendra Singh, J
Md. Mahtab – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.73590 of 2025 | PS. Case No.-262 Year-2025
For the Appellants/Petitioners: Mr. Bipin Kumar
For the Respondents: Mr. Md. Aslam Ansari, APP
Bail granted due to lack of evidence linking the petitioner to the alleged crime.
Headnote:The petitioner seeks bail in Bachhwara P.S. Case No. 262 of 2025 for offences under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita. The petitioner has no prior criminal record and the prosecution failed to establish a direct link to the stolen items. Court finds sufficient grounds for bail release. Court states, "Considering the aforesaid submissions...this Court is inclined to release him on bail."
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
3 18-12-2025 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP for the State.
2. Petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 262 of 2025 dated 21.07.2025 registered for the offences punishable under Sections 331 (4) and
305 of the Bharatiya Nyaya Sanhita .
3. The main submissions advanced by the petitioner’s counsel are that the petitioner bears no criminal antecedent and as per the FIR, ornaments worth Rs. 15,00,000/- (Rupees and some documents were stolen from the house of informant’s cousin brother by three thieves, and their activities were recorded by a CCTV camera and during the course of investigation, the informant provided the footage taken from the hard disc of the CCTV camera, on the basis of which the petitioner was identified by the police. It is further submitted that as per the prosecution, on the basis of the disclosure made by the petitioner and the co-accused, some utensils and saris, including one motorcycle, were recovered, however, the police has not established any connection between these recovered articles and the alleged stolen articles, and further, the recovered articles were not put before the informant for identification. It is lastly submitted that there is nothing against the petitioner except the alleged CCTV footage, he has been languishing in jail since 22.07.2025 and against him, the investigation has been completed.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the aforesaid submissions and mainly petitioner’s fair and clean antecedent and his custody period coupled with the completion of investigation against him, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail sureties of the like amount each to the satisfaction of the concerned Court in connection with Bachhwara P.S. Case No.
262 of 2025.
