Patna High Court
Md. Shahabuddin @ Md. sharad @ SharadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to monetary, surety and appearance conditions.
Summary
The petitioner, Md. Shahabuddin, was arrested in connection with a robbery on 13 August 2025 during which cash was stolen and firearms were recovered from the accused. He is charged under Section 309(4) of the Indian Penal Code and Sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. The petitioner claims he has no prior criminal record, was falsely implicated, and that the informant did not identify the shooter; no arms were found in his possession. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of direct evidence and non‑compliance with Sections 103 and 105 of the BNSS, 2023. Considering the charge sheet’s filing, the petitioner’s custody duration, and the absence of incriminating material, the court granted bail with monetary and surety conditions and a requirement to appear at each trial date.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) IPC and the Arms Act provisions given the nature of the offences.
- Whether the procedural requirements of Sections 103 and 105 of the BNSS, 2023 have been complied with.
- Whether the evidence against the petitioner is sufficient to justify continued detention.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 27, 35
- BNSS, 2023 — s. 103, 105
- Indian Penal Code — s. 309(4)
Subjects
- bail
- robbery
- arms possession
- false implication
- criminal procedure
- IPC
- Arms Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2341 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- JOKIHAT District- Araria
======================================================
Md. Shahabuddin @ Md. sharad @ Sharad Son of Md. Shamsul @ Samsul
Resident of Village- Belachand Ward No. 07, P.S.- Banmankhi, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Jokihat
P.S. Case No. 269 of 2025 instituted for the offence under
Section 309(4) of the Indian Penal Code and Sections 25(1-B)a,
26, 27 & 35 of the Arms Act.
3. The prosecution case, in brief, is that on
13.08.2025 the informant, while transporting iron rods and
returning with Rs. 3,02,200/- in cash, was intercepted near
‘Kesarra’ River by two unknown motorcyclists who fired upon
him causing injury to his leg and looted the said cash. It is
alleged that the petitioner, Md. Shahabuddin @ Sharad, and Md.
Kasim were apprehended by local people near Charghariya
Patna High Court CR. MISC. No.2341 of 2026(3) dt.11-03-2026
2/3
Chowk after their motorcycle met with an accident, from whose
possession a pistol, country-made firearm, live cartridges and a
mobile phone were recovered, though the looted cash could not
be recovered.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 14.08.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Informant has not identified as to who has fired the shot
while fleeing away. Nothing has been recovered from the
conscious possession of the petitioner. Petitioner has got no
concern with the alleged recovery of arms and ammunitions.
There is no compliance of Sections 103 and 105 of the BNSS,
2023. Charge sheet has already been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
Patna High Court CR. MISC. No.2341 of 2026(3) dt.11-03-2026
3/3
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Jokihat P.S. Case No. 269 of 2025, subject to
the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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