Md. Chand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16600 of 2026 Arising Out of PS. Case No.-118 Year-2025 Thana- BARSOI District- Katihar ====================================================== Md. Chand Son of Hasibur Rahman Resident Of Village- Masjid Chowk, Barsoi Police Station -Barsoi District -Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr.Ajit Kumar Singh, learned counsel for the petitioner and Mr.Ram Naresh Ray, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 22.06.2025 in connection with Barsoi P.S. Case No. 118 of 2025, F.I.R. dated 22.06.2025 registered for the offence punishable under Sections 331(5),305,317(2),317(5) of BNS, 2023.
3. As per FIR, the petitioner is a named accused in the FIR, facing allegations of stealing of informant's mobile and cash of Rs.650/-.
4. Learned counsel appearing for the petitioner submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.16600 of 2026(2) dt.16-03-2026 2/3 alleged in the FIR. As per allegation in the FIR, the petitioner has entered into the house of the informant and he has tried to flee away from the place of occurrence and son of the informant has informed the informant that one mobile phone, cash of Rs.650/- and shirt missing was recovered from the place of occurrence. Learned counsel for the petitioner submits that as per FIR, the said Vivo Mobile Phone and cash of Rs.650/- was recovered from possession of the petitioner but there is noncompliance of the mandatory provisions of Sections 103 and 105 of BNSS, 2023 and the police, after investigation, submitted the chargesheet against the petitioner and he is in custody since 22.06.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases of similar nature 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 bail petition.
6. Considering the aforesaid fact, 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 CJM, Katihar in connection with Barsoi P.S. Case No. 118 of 2025, with the following
Patna High Court CR. MISC. No.16600 of 2026(2) dt.16-03-2026 3/3 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 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