Patna High Court
Md. AzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md Azad, was arrested in connection with a robbery and assault involving firearms, alleged to have occurred on 12 August 2025. He is charged under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner was not named in the FIR; his alleged involvement stems solely from a co-accused's confessional statement, and no stolen items were found in his possession. He has been in custody since 29 August 2025 and has one prior criminal antecedent. The State opposed bail, but the court, noting the lack of direct evidence and the length of custody, decided to grant bail on condition of a cash bond and two sureties. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated only through a co-accused's confession and having a prior criminal antecedent.
- Whether the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 3(5)
Subjects
- bail
- robbery
- arms offence
- confessional statement
- criminal antecedent
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14100 of 2026
Arising Out of PS. Case No.-1310 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Azad Son of Md. Khurshid R/o Mohalla - Khalilpura, P.S. -
Phulwarisharif, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajeev, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwarisharif P.S. Case No. 1310 of 2025 instituted for the
offences under Sections 309(4), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that on 12.08.2025,
three persons came on a motorcycle in front of the informant’s
shop, where two of them, after taking out pistols, snatched his
Apple mobile phone and gold chain; upon resistance, a scuffle
took place and the accused fled away firing.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.14100 of 2026(2) dt.25-02-2026
2/2
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation on the basis of
confessional statement of the co-accused Deepak Kumar. No
incriminating/looted article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that petitioner has got no concern with the looted
articles. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 29.08.2025 and has one criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Phulwarisharif P.S.
Case No. 1310 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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