Patna High Court
Md Alam @ Md. IslamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not inclined to enlarge the petitioner on bail in view of the seriousness of the offences and the material on record.
Summary
The petitioner, Md Alam (also known as Md Islam), was arrested on 19 August 2025 in connection with a robbery and armed assault alleged to have occurred on 17 July 2025, for which an FIR was filed under Section 310(2) of the Bharatiya Nyay Sanhita, 2023 and Sections 25(1‑b)(a), 26 and 35 of the Arms Act, 1959. The prosecution contended that the petitioner was identified by the victim during the TIP, that he pointed a pistol at the victim, participated in looting cash and ornaments, and that his involvement was corroborated by confessional statements of co‑accused and his prior criminal antecedents. The defence argued that the petitioner’s name was added to the FIR only after a co‑accused’s confession, that no independent material linked him to the crime, and that he had been languishing in judicial custody without justification. The court examined the seriousness of the offences, the reliability of the confessional statements, and the petitioner’s criminal history. Concluding that the circumstances did not warrant release, the court refused the bail application.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under Section 310(2) of the Bharatiya Nyay Sanhita, 2023 and the Arms Act, 1959.
- Whether the confessional statements of co‑accused and the victim’s identification provide sufficient ground to deny bail.
Legislation cited
- Arms Act, 1959 — s. 25(1-b)(a), 26, 35
- Bharatiya Nyay Sanhita, 2023 — s. 310(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyay Sanhita
- confessional statement
- judicial custody
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16873 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- ASHTHAWAN District- Nalanda
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Md Alam @ Md. Islam S/o Md. Israil R/o vill - Akbarpur, P.S.- Barh, Distt.-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 07-05-2026 Heard Mr. Raj Kishor Prasad, learned counsel for
the petitioner and Mr. Abhay Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
19.08.2025 in connection with Asthawan P.S. Case No. 253 of
2025, FIR dated 18.07.2025 registered for the offence under
Section 310(2) of the Bharatiya Nyay Sanhita, 2023 and Section
25(1-b)(a), 26, 35 of Arms Act, 1959.
3. According to the prosecution case, the informant
alleged that on 17.07.2025 at about 10.00 P.M, six unknown
miscreants entered his house. They made all family members sit
in the courtyard after tying their hands and mouths. The accused
persons looted Rs. 3,50,000 in cash and gold and silver
ornaments worth about Rs. 4,50,000/-.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.16873 of 2026(3) dt.07-05-2026
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submits that the petitioner is innocent and he has falsely been
implicated in this case. Initially the petitioner was not named in
the FIR and his name transpired during investigation on the
basis of confessional statement of co-accused person and except
the aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and the petitioner is rotting in judicial
custody since 19.08.2025.
5. Learned A.P.P. for the State, on the other hand,
has vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner has been made accused in this case
on the basis of confessional statement co-accused which is
recorded in paragraph no. 44 of the case diary. Thereafter, the
petitioner and other co-accused persons have also confessed
their guilt. The informant identified the petitioner and the other
accused persons during the TIP and stated that the petitioner had
pointed a pistol at him, forced all the family members to sit in
the courtyard after tying their hands and mouths, and looted
cash and ornaments from the house and apart from that
petitioner carries six criminal antecedents other than the present
one.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.16873 of 2026(3) dt.07-05-2026
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case, I am not inclined to enlarge the petitioner on bail in
connection with Asthawan P.S. Case No. 253 of 2025, pending
in the Court of D.A.S.J.-XII, Nalanda at Biharsharif.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
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