Patna High Court

Md. Hussnain @ Seikh HussnainversusThe State Of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner as the evidence against him was limited to a co‑accused’s confession and no material incriminating evidence was recovered.

Summary

The petitioner, Md. Hussnain, was named in an FIR for alleged robbery under Section 392 IPC, based primarily on a confessional statement of a co-accused, Saddam Sheikh, who claimed the petitioner had disclosed the informant’s travel route. No direct incriminating material or recovered cash was found against the petitioner. The petitioner’s counsel sought bail, arguing that the only evidence was the co-accused’s confession, which was insufficient for continued detention. The State opposed bail, but the court noted the lack of material evidence and the reliance on a co-accused’s statement. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) of the BNSS.

Issues considered

Whether bail should be granted when the only evidence against the accused is a co‑accused’s confessional statement.
Whether the absence of recovered incriminating material justifies release on bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 392

Subjects

bail
confessional statement
co‑accused
Section 392 IPC
Section 438 CrPC
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10766 of 2026
                  Arising Out of PS. Case No.-83 Year-2023 Thana- PHENHARA District- East Champaran
                 ======================================================
                 Md. Hussnain @ Seikh Hussnain S/O Seikh Wahidul @ She Bahidul Hak R/O
                 Village- Sapahi, P.s.- Panchpakri, District- East Champaran
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vaishnavi Singh
                 For the Opposite Party/s :      Mr.Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-02-2026                   Heard the parties.

                                2.The     petitioner    is   named      in    the    F.I.R.    and

                   apprehending his arrest in connection with Phenhara P.S. Case No.

                   83 of 2023 registered for the offences punishable under Section

                   392 of the Indian Penal Code.

                                3. As per FIR, one unknown person committed robbery

                   upon informant and while committing so looted cash of Rs.

                   11,000/- collected by him from the field. Occurrence was reported

                   to police on helpline no. 112.

                                4. It is submitted by Mr. Ajay Kr. Thakur, learned

                   counsel appearing on behalf of the petitioner that present

                   occurrence admittedly committed by one person in terms of FIR

                   and said person was apprehended as Saddam Sheikh. It is

                   submitted that after his arrest his confessional statement was

                   recorded disclosing that travel route of informant was disclosed to
               Patna High Court CR. MISC. No.10766 of 2026(2) dt.23-02-2026
                                                           2/2




                         him by accused/petitioner. It is submitted that except supplying

                         this information nothing incriminating transpires against this

                         petitioner out of confessional statement of co-accused Saddam

                         Sheikh. It is pointed out that even alleged cash not appears to be

                         recovered from the possession of apprehended co-accused.

                                      5. Learned APP opposes the prayer of bail.

                                      6. In view of aforesaid factual submission and by taking

                         note of fact as no incriminating material appears to be recovered

                         from petitioner except suspicion arising out of confessional

                         statement of co-accused Saddam Sheikh against whom thrust of

                         allegation is available, accordingly petitioner above-named, in the

                         event of his arrest or surrender before the court below within a

                         period of four weeks, is directed to be released on bail, furnishing

                         bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the learned

                         CJM, East Champaran, Motihari/concerned Court, where the case

                         is pending in connection with Phenhara P.S. Case No. 83 of 2023,

                         subject to the conditions as laid down under Section 438(2) of the

                         Cr.P.C/ Section 482(2) of BNSS.


                                                            (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T

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