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Patna High Court

Md. Heera @ Heera @ Heerwa @ Md. HeeruversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the seriousness of the offences and the material linking the petitioner to the crime preclude the grant of regular bail.

Summary

The petitioner, Md. Heera, was charged under Section 394 of the Indian Penal Code (dacoity) and Section 27 of the Arms Act for allegedly snatching money from an informant. He applied for regular bail for the second time after an earlier bail denial. The prosecution presented material, including a self‑inculpatory statement of a co‑accused, linking him to the crime and highlighted his antecedents and custody since December 2023. The petitioner’s counsel argued that the actual perpetrators were unknown and that the petitioner was already implicated in ten similar cases. The Court, considering the gravity of the offences and the material on record, refused to grant bail and dismissed the application, also directing the Superintendent of Police to ensure witness attendance.

Issues considered

  • Whether regular bail should be granted to an accused charged with dacoity under IPC Sec 394 and unlawful possession of arms under Arms Act Sec 27, given the seriousness of the offence and the existence of self‑inculpatory statements.

Legislation cited

Subjects

  • bail
  • dacoity
  • Arms Act
  • regular bail
  • criminal procedure
  • pre‑trial detention
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22955 of 2025
                      Arising Out of PS. Case No.-199 Year-2023 Thana- DHAMDAHA District- Purnia
                 ======================================================
                 Md. Heera @ Heera @ Heerwa @ Md. Heeru Son of Late Sahebuddin @
                 Mohammad Shahabuddin Resident of Village - Bhikhanpur, Police Line,
                 Jhopper Patti Gumti No. 3, P.S. - Ishakchak, District - Bhagalpur
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhola Prasad
                 For the Opposite Party/s :       Mr.Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   09-02-2026                     Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Dhamdaha P.S. Case No. 199

                   of 2023 registered for the offence under Section 394 of the

                   Indian Penal Code and under Section 27 of the Arms Act.

                   Earlier, the bail application of the petitioner was rejected vide

                   order dated 21.08.2024 passed in Cr. Misc. No. 54039 of 2024:-

                                                Heard learned counsel for the petitioner
                                   and learned A.P.P. for the State.
                                                2. The petitioner seeks regular bail in
                                   connection with Dhamdaha P.S. Case No. 199 of
                                   2023, lodged under Section 394 of the I.P.C. read
                                   with Section 27 of the Arms Act.
                                                3. As per the prosecution case, the
                                   petitioner was involved in snatching of money from
                                   the informant.
                                                4. Learned counsel for the petitioner
                                   submits that the unknown accused persons are said
                                   to have looted more than Rs.1 lakh from the
                                   informant. He submits that the petitioner is
          Patna High Court CR. MISC. No.22955 of 2025(5) dt.09-02-2026
                                                      2/2




                                    incustody since 07.12.2023 having been accused in
                                    10 more cases of similar nature. He further submits
                                    that the name of the petitioner has come in self-
                                    inculpatory statement of the co-accused.
                                                 5.    Learned       A.P.P.    has   vehemently
                                    opposed the prayer for bail and has submitted that
                                    sufficient material has come during investigation to
                                    connect the petitioner with the alleged crime.
                                                 6.    Considering       the   allegation   and
                                    antecedents of the petitioner, I am not inclined to
                                    grant bail to the petitioner and, therefore, the
                                    present bail application is hereby rejected.
                                 3. Considering the gravity of the offence, this Court is

                    not inclined to review its earlier order. Accordingly, this

                    application is dismissed.

                                 4. The Superintendent of Police, Purnia is directed to

                    ensure the attendance of the witnesses in the trial.

                                 5. Let a copy of this order be communicated to the

                    Superintendent of Police, Purnia through FAX for its

                    compliance.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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