Patna High Court
Md. Heera @ Heera @ Heerwa @ Md. HeeruversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 394
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
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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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