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Patna High Court

Md. SadareversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Md. Sadare, was arrested in connection with a alleged dacoity and charged under Sections 310(4) and 310(5) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution claimed that secret information led to the seizure of a firearm, ammunition, a live cartridge and a mobile phone from co‑accused, but nothing incriminating was recovered from the petitioner himself. The petitioner’s counsel argued that he was falsely implicated, had a clean antecedent, and that two co‑accused had already been granted regular bail. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence against the petitioner, the grant of bail to co‑accused, and the submission of a chargesheet, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under Sections 310(4), 310(5) of the B.N.S., 2023 and the Arms Act in view of the alleged dacoity?
  • Whether the absence of direct incriminating material on the petitioner justifies bail despite the seriousness of the charges?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • dacoity
  • Arms Act
  • Bihar Narcotic Substances Act
  • suspicion
  • chargesheet
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30401 of 2026
                     Arising Out of PS. Case No.-235 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Md. Sadare S/o Md. Moti, Resident of Village- Sarhad, P.S.- Pandaul,
                 District- Madhubani.
                                                                        ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Subhash Kumar Jha, Advocate
                 For the State             :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-05-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Pandaul P.S. Case No. 235 of 2025 (G.R. No.

                   259 of 2025, STR No. 47 of 2026), dated 11.10.2025, registered

                   for the offences punishable under Sections 310(4) and 310(5) of

                   the B.N.S., 2023 and Sections 25(1-B)(a), 26 and 35 of the

                   Arms Act.

                                      3. As per the prosecution case, Police received

                   secret information about assembly of some miscreants in

                   preparation of committing dacoity. The petitioner along with

                   two other co-accused persons was apprehended and four co-

                   accused persons fled away from the spot. From possession of

                   this petitioner, recovery of a country made katta loaded with one

                   live cartridge and mobile phone was made. Further recovery of
Patna High Court CR. MISC. No.30401 of 2026(2) dt.11-05-2026
                                            2/3




          fire-arm and ammunition was made from the co-accused

          Abhishek Kumar Jha.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case merely on the basis of

          suspicion. Otherwise, nothing incriminating has been recovered

          from person or possession of the petitioner. Co-accused persons,

          namely Ashish Thakur and Abhishek Kumar Jha have been

          granted regular bail by different co-ordinate Benches of this

          Court vide orders dated 28.01.2026 and 07.05.2026 passed in

          Cr. Misc. No. 4664 of 2026 and Cr. Misc. No. 29301 of 2026

          respectively. Learned counsel next submits that petitioner is

          having clean antecedent and chargesheet has been submitted.

          Learned counsel lastly submits that petitioner is in custody since

          02.10.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          nature of allegation and also considering the grant of regular

          bail to other co-accused persons and further considering the

          submission of chargesheet and period of custody of the
          Patna High Court CR. MISC. No.30401 of 2026(2) dt.11-05-2026
                                                      3/3




                    petitioner, the petitioner, above-named, is directed to be released

                    on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

                    Thousand Only) with two sureties of the like amount each to the

                    satisfaction of learned District and Additional Sessions Judge-II,

                    Madhubani / concerned Court, in connection with Pandaul P.S.

                    Case No. 235 of 2025 (G.R. No. 259 of 2025, STR No. 47 of

                    2026), subject to the condition laid down under Section 480(3)

                    of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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