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Patna High Court

FURKAN @ PANDITversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond and sureties.

Summary

Furkan @ Pandit was arrested in connection with a robbery on 17 July 2025 during which six masked men armed with pistols looted cash and jewellery worth about Rs. 8,00,000. He is charged under Section 310(2) of the Bihar Negotiable Instruments Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner contended that he is innocent, that his name appears only in a co‑accused’s confessional statement, that no material has been recovered from his possession and that no TIP was conducted. The State opposed bail, citing the seriousness of the offences. The Court, after considering the lack of direct evidence against the petitioner and his cooperation, ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to his appearing before the trial court as required.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Negotiable Instruments Act and the Arms Act.

Legislation cited

Subjects

  • regular bail
  • bail petition
  • Arms Act
  • Bihar Negotiable Instruments Act
  • confessional statement
  • co‑accused
  • no TIP
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3028 of 2026
                     Arising Out of PS. Case No.-253 Year-2025 Thana- ASHTHAWAN District- Nalanda
                 ======================================================
                 FURKAN @ PANDIT Son of Late Md. Haider R/O Mohalla - Satputti
                 Chhajju, P.S.- Bihar Sharif, District - Nalanda.
                                                                         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :         Mr. Raj Kishor Prasad
                 For the State              :         Mr. Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   29-01-2026                   Heard the learned counsel for the petitioner as well as the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection with

                   Asthawan P.S. Case No. 253 of 2025, registered for the offences

                   punishable under Section 310(2) of the BNS and Sections 25(1-B)a,

                   26 and 35 of Arms Act.

                                3. As per the prosecution case, on 17.07.2025, six masked

                   individuals armed with country made pistols forcibly entered the

                   informant’s          house   and     looted   cash    and      jewelry   totaling

                   approximately Rs. 8,00,000/-.

                                4. The learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in this case.

                   Nothing has been recovered from conscious possession of the

                   petitioner. It has further been submitted that name of the petitioner

                   has been transpired only on the basis of confessional statement of the
             Patna High Court CR. MISC. No.3028 of 2026(3) dt.29-01-2026
                                                         2/2




                       co-accused person and no TIP has been conducted in this case. The

                       petitioner is under custody since 19.08.2025.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail.

                                    6. No recovery has been made from the possession of the

                       petitioner and his name has been figured in the confessional

                       statement not leading to recovery.

                                    7.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to furnish

                       bail bond and on doing so, the court below shall release the petitioner

                       on bail on furnishing bail bonds of Rs.10,000/- with two sureties of

                       the like amount each to the satisfaction of learned D.A.S.J-XII,

                       Nalanda at Biharsharif in connection with Asthawan P.S. Case No.

                       253 of 2025, subject to the following conditions that the petitioner

                       shall cooperate in the disposal of trial and make himself available

                       as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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