Patna High Court

Md. UmarversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Md. Umar was arrested in connection with a robbery and shooting incident alleged under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that unknown assailants robbed the informant and a villager, Manilal Yadav, and shot both of them, seizing large sums of money. The petitioner claimed innocence, stating that the FIR was lodged against unknown persons and that only a co-accused’s confessional statement implicated him, with no material recovered from his possession. He also highlighted his prior criminal case and his continued judicial custody since 25-11-2025. The court, after considering the circumstances, decided to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Banka.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of offences under IPC Section 394 and Arms Act Section 27.
Whether the confessional statement of a co-accused and lack of material evidence justify granting bail.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 394

Subjects

bail
regular bail
IPC 394
Arms Act 27
robbery
shooting
criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14679 of 2026
                        Arising Out of PS. Case No.-662 Year-2023 Thana- RAJAON District- Banka
                 ======================================================
                 Md. Umar Son of Md . Saleem @ Md. Salam Resident of Village - Dauna,
                 P.S.- Amarpur, District- Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   10-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 394 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the informant

                   along with his villager, namely, Manilal Yadav was returning to

                   his house after selling their buffalo. When they reached to Ajeet

                   Nagar Pahadi, four unknown persons hiding their faces stopped

                   the informant and his villager and started demanding cash from

                   them. It is further alleged that one of the accused persons fired

                   upon the villager, namely, Manilal Yadav, as a result of which he

                   sustained gunshot injuries. When the informant tried to

                   apprehend the said accused persons, he was also fired upon and
Patna High Court CR. MISC. No.14679 of 2026(3) dt.10-04-2026
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          sustained gunshot injuries. It is further alleged that the accused

          persons snatched Rs. 75,000/- from the informant and Rs.

          1,00,000/ from the villager, Manilal Yadav.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that the

          FIR was lodged against unknown miscreants. During the course

          of   investigation, one Ashutosh Kumar has              given his

          confessional statement and on the basis of the said confessional

          statement name of the petitioner has surfaced. It is further

          submitted that nothing has been recovered from the conscious

          possession of this petitioner. Save and except the confessional

          statement of co-accused, there is nothing against him. It is

          further submitted that the petitioner is having criminal

          antecedent of one case. Moreover, the petitioner is languishing

          in judicial custody since 25.11.2025.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Rajoun P.S. Case No. 662 of 2023 on
            Patna High Court CR. MISC. No.14679 of 2026(3) dt.10-04-2026
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                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Banka.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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