Patna High Court
Md. Samin Ajam @ Md Samim @ Guddu @ Md. Shamim AjamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that bail should not be granted to the petitioner.
Summary
The petitioner, Md. Samin Ajam, was charged under Section 309(6) of the Bihar Narcotic Substances Act, 2023 for looting Rs. 50 lakh in cash and Rs. 25 lakh in jewellery after tying and assaulting an informant. He has been in custody since 17 October 2025, his name appears in the confessional statements of co‑accused, and he has two prior criminal antecedents. He applied for bail, relying on the fact that co‑accused Lalan Kumar and Santosh Dubey had been granted bail in the same case. The High Court noted the seriousness of the offence, the petitioner’s alleged involvement and prior record, and declined to grant bail, dismissing the application. The court ordered the records of the bail orders for the co‑accused to be produced and listed the matter for further hearing.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(6) of the Bihar Narcotic Substances Act, 2023 in view of the gravity of the alleged offence, his inclusion in confessional statements, and prior criminal antecedents.
- Whether the grant of bail to co‑accused Lalan Kumar and Santosh Dubey is a relevant factor for deciding the petitioner's bail application.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- Section 309(6)
- theft
- robbery
- prior criminal antecedents
- confessional statement
- comparative bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2328 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Md. Samin Ajam @ Md Samim @ Guddu @ Md. Shamim Ajam S/o Late
Md. Khalid Resident of Village-Muslim Tola Sabour, P.S.- Sabour, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Ghogha P.S. Case No. 138 of 2025 registered for the offenc
eunder Section 309(6) of the BNS, 2023.
3. As per the prosecution case, three unknown
criminals are said to have committed loot of Rs. 50,00,000/-
cash and jewellery of Rs. 25,00,000/- after tying the informant
and assaulting her.
4. The petitioner is in custody since 17.10.2025 and
his name has come in the confessional statement of other co-
accused. The petitioner has two criminal antecedents also.
5. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. During the course of arguments, learned counsel for
the petitioner has relied upon the orders dated 17.03.2026
Patna High Court CR. MISC. No.2328 of 2026(3) dt.24-03-2026
2/2
passed in Sessions Trial No. 100 of 2025 by which the co-
accused Lalan Kumar and Santosh Dubey have been granted
bail by the Court below. Lalan Kumar was identified in the T.I.
Parade but still he has been granted bail by the Court below.
Similarly, Santosh Dubey has been granted bail on the ground
that he is in custody since 17.10.2025.
8. In view of the aforesaid, call for the records of both
the bail applications through which Lalan Kumar and Santosh
Dubey have been granted bail.
9. List this case under the heading “For Orders” after
four weeks.
10. The copy of the orders granting bail to Lalan
Kumar and Santosh Dubey which are produced by the learned
counsel for the petitioner are taken on record.
11. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Bhagalpur through FAX
for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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