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Patna High Court

Md. FirozversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Md. Firoz, was arrested in connection with a robbery in which loot worth Rs. 54,480, two mobile phones, a gold locket, and a gunshot injury to the victim were involved. During the investigation, the petitioner made a self‑incriminatory statement and was found to have one prior criminal antecedent. He has been in custody since 9 October 2025 and applied for bail under Section 309(6) of the Bharatiya Nyaya Sanhita. The court considered the seriousness of the alleged offences, the self‑incriminatory statement, and the prior record. Concluding that the circumstances did not warrant release, the court refused bail. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita in view of the self‑incriminatory statement and prior criminal antecedent

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • self‑incriminatory statement
  • Section 309(6)
  • loot
  • attempted murder
  • trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21781 of 2026
                  Arising Out of PS. Case No.-28 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Md. Firoz S/O Md. Muslim R/O Village- Rautiniya, P.S- Phulparas, District-
                 Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Jitendra Kumar Bharti, Advocate
                 For the State           :       Mr.Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Andhratharhi P.S. Case No. 28 of 2025 registered for the offence

                   punishable under Sections 309(6) of the Bharatiya Nyaya

                   Sanhita.

                                 3. Unknown criminals committed loot of Rs. 54,480/-,

                   two mobile phones, one gold locket etc. The victim was also

                   shot in his leg by the criminals. The name of the petitioner has

                   come during investigation. The petitioner has also given the self

                   inculpatory statement.

                                 4. The petitioner is in custody since 09.10.2025

                   having one criminal antecedent.

                                 5. Considering the allegation and the self inculpatory
           Patna High Court CR. MISC. No.21781 of 2026(2) dt.07-04-2026
                                                       2/2




                     statement of the petitioner, I am not inclined to grant bail to the

                     petitioner.

                                   6. Accordingly, the application stands dismissed.

                                   7. 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 express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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