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Patna High Court

Md. Rijwan @ AarjuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing bail to the petitioner.

Summary

The petitioner, Md. Rijwan @ Aarju, applied for regular bail in a case registered under Section 309(4) of the Bihar Negotiable Instruments Act, alleging he was falsely implicated in a loot of Rs. 3,66,000 and a mobile phone. The prosecution alleged that the petitioner, while driving the vehicle of the informant, facilitated the criminals by informing them of the money and taking a slower route. The petitioner’s counsel argued he had no prior criminal record and was willing to cooperate with the trial. The Additional Public Prosecutor opposed bail, emphasizing the petitioner’s alleged role in the crime. Considering the seriousness of the offence and the allegations, the court declined to grant bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the Bihar Negotiable Instruments Act in view of the alleged participation in the loot.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • Section 309
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2677 of 2026
                      Arising Out of PS. Case No.-201 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
                 Md. Rijwan @ Aarju S/O Md. Ansaar Resident of village - Mirjapur Basant,
                 P.S- Aurai, District- Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-04-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Aurai

                   P.S. Case No. 201/2025 registered for the offences punishable

                   under Section 309(4) of B.N.S.

                                3. As per the prosecution case, unknown criminals

                   committed loot of Rs. 3,66,000/-, mobile phone etc. of the

                   informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has no criminal antecedent in

                   which he is on bail and he is in custody since 16.09.2025. The

                   petitioner undertakes to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.2677 of 2026(4) dt.09-04-2026
                                                          2/2




                        for regular bail of the petitioner on the ground that name of the

                        petitioner has come during investigation. It is next submitted

                        that the petitioner was driving the vehicle in which the

                        informant was travelling and is said to have informed the

                        criminals about the money being carried by the informant. The

                        petitioner is also alleged to have taken a different route and was

                        driving the vehicle slowly so that the criminals could commit

                        loot.

                                     6. Considering the gravity of the offence, this Court is

                        not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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