Patna High CourtCR. MISC./73647/2025rejected

Md. Zahid @ Ghutti @ Zahid v. The State Of Bihar

2026-01-21Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73647 of 2025 Arising Out of PS. Case No.-216 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Md. Zahid @ Ghutti @ Zahid, Male, aged about 19 years, Son of Md. Naushad, Resident of Village- Manzi Mubarak P.S.- Kalyanpur DistrictSamastipur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 216 of 2025 instituted for the offences punishable under Section 309(4) of the BNS, 2023.

3. As per allegation in the FIR, three unknown persons snatched the purse and took away Rs. 34,000/-, Aadhaar Card and the mobile phone of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He submits that there is no any evidence either direct or indirect against the petitioner. He further submits that the petitioner is not named in the FIR and his name has been

Patna High Court CR. MISC. No.73647 of 2025(3) dt.21-01-2026 2/3 surfaced in this case during the course of investigation on the secret information by the police informer. He next submits that nothing has been recovered from the conscious possession of the petitioner. He lastly submits that the petitioner has not put on Test Identification Parade till date. Petitioner is in custody since 25.06.2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the FIR, case diary and also perused the impugned order dated 29.08.2025 passed by the learned Principal District and Sessions Judge, Samastipur, it appears that allegation against this petitioner is specific. From perusal of the records, it also appears that on the basis of written report of the informant Md. Nasir, FIR has been registered under Section 309(4) of the BNS, 2023 against three unknown persons. During investigation a sum of Rs. 6,100/- Adhar Card of informant and looted mobile have been seized by the police from the conscious possession of the present petitioner. It is also stated that investigation has already been concluded and charge sheet has been submitted in this case, so considering the facts and circumstances of the case and submissions of learned counsel for the parties as well as the gravity of offence, I am not

Patna High Court CR. MISC. No.73647 of 2025(3) dt.21-01-2026 3/3 inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. The petitioner may renew his prayer for bail before the trial Court after completion of one year of custody. (Ramesh Chand Malviya, J) Anand Kr.

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