Patna High Court
Md. FirozversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita — s. 309(6)
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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