Md. Konain Reza @ Konain Reza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23632 of 2026 Arising Out of PS. Case No.-30 Year-2025 Thana- GARVANDANGA District- Kishanganj ====================================================== Md. Konain Reza @ Konain Reza S/o Mehboob Reza R/o Paschimpali, College Road, P.S.- Kishanganj, Distt- Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Adv.
Mr. Dhananjaya Nath Tiwari Mr. Vijay Anand, Adv.
Mr. Roop Kishan, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2026 Heard Mr. N. K. Agrawal, learned senior counsel for the petitioner and Mr. Murli Dhar, learned APP for the State.
2. The petitioner seeks bail, who is in custody since 08.08.2025 in connection with Garbandanga P.S. Case No. 30 of 2025, F.I.R. dated 24.07.2025 registered for the offence under Section 309(6) of BNS.
3. The prosecution case, in brief, is that informant while transporting goods in a pickup vehicle with his cleaner, was stopped by three persons travelling in an Ertiga car. The accused persons assaulted him and his cleaner and took away Rs.10,000/- from his purse and fled away.
4. Learned counsel for the petitioner submits that the
2/4 petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. It is further submitted that the name of the petitioner has been transpired during the course of investigation merely on the basis of the confessional statement of co-accused person, namely, Shekhar Kumar Sinha. It appears from the FIR itself that the date of occurrence as alleged in the FIR is 17/18.07.2025 but the present FIR has been lodged on 24.07.2025 after delay of six days without giving any explanation of the delay. Apart from that, nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. It is further submitted that co-accused person, namely Shekhar Kumar Sinha has been granted bail by a co-ordinate Bench of this Court vide order dated 10.03.2026 passed in Cr.
Misc. No. 10198 of 2026 and also other co-accused person, namely Zabi Roshan has been granted bail by this Court vide order dated 17.03.2026 passed in Cr. Misc. No. 16872 of 2026. The police, after investigation, submitted the charge-sheet against the petitioner. The petitioner is languishing in judicial custody since 08.08.2025.
5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries six more cases other than the
3/4 present one but he fairly submits on the basis of paragraph 3 of the bail petition that out of seven cases, petitioner is on bail in four cases and in two cases petitioner has been acquitted by learned Trial Court and rest one case is pending for consideration before the competent court of law.
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 Sessions Judge, Kishanganj in connection with Garbandanga P.S. Case No. 30 of 2025, with the 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/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
4/4 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) Abhishek/- U