Patna High Court
Md Shahnawaz @ Md Shahnwaj @ ShahnawajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md Shahnawaz, was arrested in connection with a robbery and assault allegedly committed on 22 October 2024, involving the use of firearms and the theft of large sums of money. The prosecution’s case is based on the testimony of an informant and a confessional statement by a co‑accused, Arvind Kumar Yadav, which named the petitioner, although the petitioner’s name was not originally in the FIR and no material was recovered from him. The petitioner’s counsel argued that there is no direct evidence linking him to the crime and that a similarly situated co‑accused had already been granted bail. The State opposed bail, citing two prior cases against the petitioner, though he is out on bail in those matters. The court, considering the lack of direct evidence and the petitioner’s cooperation, granted bail on a Rs 10,000 bond with two sureties, subject to conditions regarding attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- The adequacy of the co‑accused’s confessional statement as evidence to justify denial of bail.
- Whether the petitioner’s alleged involvement in a serious offence under the Arms Act and Section 310(2) of the BNS warrants denial of bail.
- Impact of the petitioner’s prior criminal cases on the bail decision.
Legislation cited
- Arms Act — s. 25(1-b), 26, 27
- Bihar Negotiable Instruments Act — s. 310(2)
Subjects
- bail
- robbery
- arms act
- confessional statement
- criminal antecedent
- section 310
- section 25(1-b)
- section 26
- section 27
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32800 of 2026
Arising Out of PS. Case No.-474 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Md Shahnawaz @ Md Shahnwaj @ Shahnawaj S/o Kalam Resident of
village- Manullahpatti, Chap Tola, Ward No- 07, P.S.- Bhargama, District-
Araria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Ramesh Kumar Singh, learned counsel
for the petitioner and Ms. Sangeeta Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.12.2025 in connection with Raniganj P.S. Case No. 474 of
2024 for the offence punishable under Sections 310(2) of BNS
and Sections 25(1-b), 26 and 27 of Arms Act.
3. The case of the prosecution, in brief, is that on
22.10.2024 at 04:45 hrs while the informant along with other
businessman were returning from Lohagada, Kishanganj and
reached at Godah Belsara Canal all of sudden six motorcycle
rider on two motorcycle armed with weapon intercepted them
on the point of fire arm. It is further alleged that the miscreants
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overpowered the driver of Pickup and thereafter they took away
cash Rs. tree lacs from informant, Rs. 1,60,000/- from Shankar
Yadav, Rs. 1,55,000/- from PIntu Yadav, Rs. 80,000/- from
Israfil, Rs. 55,000 from Mithun Yadav, Rs. 55,000 from Suti
Mukhiya and Rs. 9,000 to 30,000 from other five persons and
thereafter they fled away towards Chandi Pul. The miscreants
also assaulted them during the occurrence.
The informant further alleged that the miscreants concealed their
face with Gamachha and further explained the age and physic of
miscreants.
4. Learned counsel for the petitioner submits that
initially the petitioner was not named in the FIR and the name of
the petitioner has transpired on the confessional statement of co-
accused person, namely, Arvind Kumar Yadav and except the
aforesaid nothing has come to suggest the involvement of the
petitioner with the present occurrence. It is next submitted that
nothing has been recovered from the conscious possession of the
petitioner or from the house of the petitioner and till date no TIP
has been conducted of the prosecution. It is next submitted that
similarly situated co-accused person, namely, Arvind Kumar
Yadav, who has confessed the name of the petitioner, has been
granted regular bail vide order dated 28.01.2026 passed in Cr.
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Misc. No. 3906 of 2026 by a Coordinate Bench of this Court
and police after investigation has submitted charge-sheet and
petitioner is in custody since 22.12.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of two cases other than
the present case but fairly submits that petitioner is on bail in the
pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate, 1st/Concerned Court,
Araria in connection with Raniganj P.S. Case No. 474 of 2024,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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