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2026 DAILYLAW 30338 (PAT)

Mohd. Subhan v. The State of Bihar

CR. MISC./2297/2026 · 2026-01-21

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2297 of 2026 Arising Out of PS. Case No.-584 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== 1. Mohd. Subhan S/o- Md. Faiyza @ Md. Faiyaj R/v- Katrapur Bihar Sharif Ps- Laheri Dist- Nalanda 2. Mohd Faiyaj @ Md. faiyza S/o- Md. Nazam R/v- Katrapur Bihar Sharif Ps- Laheri Dist- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate Mr. Rajnish Kumar, Advocate For the Opposite Party/s : Mr.Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 21-01-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Warsaliganj P.S. Case No. 584 of 2025, instituted for the offences under Sections 134,303(2), 317(2) and 34 of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution case, in short, is that on 03.11.2025, while informant and his wife were standing at Warisaliganj Railway station, in the meantime, an unknown miscreant snatched golden chain worth of Rs. 56,000/- from the neck of his wife. On raising alarm, the petitioner No.2 namely, Mohd Faiyaj @ Md. faiyza was apprehend by the Police. On search, a Patna High Court CR. MISC. No.2297 of 2026(2) dt.21-01-2026 2/3 gold chain was recovered and on the disclosure made by petitioner No.2, Mohd. Subhan (Petitioner No.1) was apprehended and on search Rs. 17000/- was recovered from his possession. 4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating/looted article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern with the stolen golden chain. It has been submitted on behalf of the petitioners that the petitioners are in custody since 03.11.2025 and have no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warsaliganj P.S. Patna High Court CR. MISC. No.2297 of 2026(2) dt.21-01-2026 3/3 Case No. 584 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. manish/- (Rudra Prakash Mishra, J) U T