Patna High Court

Md. ArmanversusThe State of Bihar

Decided: 6 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Md. Arman, was arrested in connection with a robbery alleged under Section 392 of the Indian Penal Code after a bike theft. The FIR named unknown miscreants, but during investigation a co‑accused, Sudhanshu, gave a confessional statement that mentioned the petitioner, though no material was recovered from him and no further investigation (TIP) was conducted. The petitioner had been in judicial custody since February 2024 and claimed innocence, while the State opposed bail citing sixteen prior criminal antecedents. The court examined the lack of substantive evidence against the petitioner and considered the bail conditions. It granted regular bail on a bond of Rs 10,000 with two sureties, imposing conditions of trial cooperation, physical presence, a close‑relative bailor, and weekly attendance at a police station.

Issues considered

Whether regular bail should be granted to the petitioner in a case under Section 392 IPC given the absence of direct evidence and the presence of prior criminal antecedents.

Legislation cited

Indian Penal Code — s. 392

Subjects

bail
robbery
Section 392 IPC
confessional statement
criminal antecedents
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21530 of 2026
                    Arising Out of PS. Case No.-121 Year-2022 Thana- NATIONAL HIGHWAY District-
                                                       Samastipur
                 ======================================================
                 Md. Arman Son of Md. Ekbal Resident of Village- Kasbe Ahar, P.S- Tajpur,
                 District- Samastipur.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Hussamuddin Azad, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                         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 section 392 of the

                   Indian Penal Code.

                                3. The case of the prosecution is that unknown

                   miscreants have stolen the bike of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was

                   lodged against unknown miscreants. During course of

                   investigation, one Sudhanshu was apprehended and he has

                   given his confessional statement. The name of this petitioner

                   has surfaced in the confessional statement of the co-accused.
Patna High Court CR. MISC. No.21530 of 2026(2) dt.06-04-2026
                                            2/3




          Save and except confessional statement, there is nothing

          against the petitioner. Nothing has been recovered from the

          possession of the petitioner. No TIP has been conducted.

          Moreover, he is languishing in judicial custody since

          06.02.2024.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted       that    petitioner      is    having   sixteen   criminal

          antecedents.

                       6. Having heard learned counsel for the parties and

          considering the 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

          N.H. Bangra P.S. Case No. 121 of 2022 on furnishing bail

          bond of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned JMFC,

          Samastipur with following conditions:-

                       (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and every

          fixed date.

                       (ii) One of the bailors should be close relative of the

          petitioner.
            Patna High Court CR. MISC. No.21530 of 2026(2) dt.06-04-2026
                                                        3/3




                                   (ii) Petitioner is also directed to mark his weekly

                      attendance at Baligaon (Vaishali) P.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

Continue reading with your account

Checking your session…