In Md. Saheb vs. The State of Bihar (2025), Supreme Court's Division Bench of Justices Manoj Misra and K.V. Viswanathan passed a 3-page long order on May 1, 2025 saying, "taking into account the nature of the offence and the period of incarceration, we are of the view that the appellant is entitled to be released on bail pending trial" after hearing the appeal against the order of Justice Sandeep Kumar of the Patna High Court rejecting the bail prayer of the appellant. The appellant's counsel submitted that Md. Saheb, a resident of Basgaon, Abadpur, Katihar. has suffered incarceration of over seven months. The prosecution case against the appellant was based on recovery of Rs. 5,300/- cash and a mobile.
But as far as the cash is concerned, it has not been identified as a looted article and the mobile which has been recovered is not connected with the crime. It was submitted that First Information Report was lodged against unknown persons and co-accused has already been granted bail. The order recorded that the State's counsel "could not point out any previous criminal antecedents of the appellant rather, in paragraph 17 of the counter affidavit, it is admitted that appellant has no criminal antecedent."
In Md. Saheb vs. The State of Bihar (2025), in his 2-page order dated February 21, 2025 Justice Sandeep Kumar concluded: "this Court is not inclined to grant bail to the petitioner." The petitioner had sought bail in connection with police case registered for the offence under Section 309(4) of the BNS which provides punishment for robbery which is rigorous imprisonment for a term that may extend to ten years, and a fine. The prosecution case was that four unknown criminals are alleged to have looted Rs. 55,805/-, one Tab etc. from the informant. Rs. 5300/- and one mobile phone was recovered from the petitioner and the petitioner had given a self-inculpatory statement. The petitioner is in jail since August 5, 2024. The petitioner's application was dismissed.
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