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Patna High Court

Salman Rahi @ SalmanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Salman Rahi, applied for bail in a criminal case (Amour P.S. Case No. 470 of 2025) registered under Section 309(4) of the Bihar Negotiable Instruments Act. The prosecution alleged that three accused looted Rs. 3 lakhs and that the petitioner’s name was implicated through self‑incriminatory statements of two criminals caught on the spot, with the looted cash recovered from him. The petitioner, who has been in custody since 2 November 2025 and claims no prior criminal record, sought release on bail. The court examined the material evidence, including the recovered cash and the statements linking the petitioner to the offence. Considering the seriousness of the allegations and the evidentiary material, the court declined to grant bail and dismissed the application, noting that the order is limited to the bail application and does not prejudice the trial’s merits.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Negotiable Instruments Act in view of the self‑incriminatory statements of co‑accused and recovery of the looted cash.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • self‑incriminating statements
  • loot
  • Section 309(4)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21512 of 2026
                        Arising Out of PS. Case No.-470 Year-2025 Thana- AMAUR District- Purnia
                 ======================================================
                 Salman Rahi @ Salman S/O Fatkan Ali Resident of Village- Maitra, P.S-
                 Amour, Distt.- Purnia (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rohit Kumar
                 For the Opposite Party/s :       Mr.Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Amour P.S. Case No. 470 of 2025 registered for the offence

                   under Sections 309(4) of the BNS.

                                   3. As per the prosecution case, three criminals are

                   said to have committed loot of Rs. 3 lakhs other articles from

                   the informant.

                                   4. The petitioner is in custody since 2.11.2025 and

                   he claims to have no criminal antecedent.

                                   5. Two criminal were caught on the spot and the

                   name of the petitioner has come in this case on the self

                   inculpatory statements of the criminals caught on the spot. The

                   looted cash has been recovered from the petitioner which is
          Patna High Court CR. MISC. No.21512 of 2026(2) dt.06-04-2026
                                                      2/2




                    apparent from the impugned order.

                                    6. Considering the aforesaid facts, this Court is not

                    inclined to grant bail to the petitioner.

                                    7. Accordingly, this application is dismissed.

                                    8. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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