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Patna High Court

Rozid @ SaddamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner, holding that the allegations and his prior criminal antecedents warranted the dismissal of the bail application.

Summary

Rozid @ Saddam, a resident of Matiyari village, applied for regular bail in a case registered as Jokihat P.S. Case No. 338/2025, where he was charged under Section 309(4) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act for allegedly snatching cash at gunpoint. The prosecution alleged that the petitioner was part of the gang that committed the robbery, while the petitioner contended that he was falsely implicated and that his name appeared only in the self‑inculpatory statement of a co‑accused. He further disclosed that he has two prior criminal antecedents for which he is already on bail and has been in custody since 13 October 2025. The petitioner assured the court of his cooperation with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail application. After considering the allegations and the petitioner’s criminal history, the court was not inclined to grant bail and dismissed the application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under Section 309(4) of the B.N.S. and Section 27 of the Arms Act.
  • Whether the self‑inculpatory statement of a co‑accused is sufficient to establish the petitioner’s innocence for bail purposes.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • false implication
  • self‑inculpatory statement
  • prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40259 of 2026
                        Arising Out of PS. Case No.-338 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Rozid @ Saddam S/o Shamshul Resident of Village - Matiyari, Ward no. 13,
                 P.S. - Jokihat, Dist. - Araria.

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

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

2   23-06-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Jokihat

                   P.S. Case No. 338/2025 registered for the offences punishable

                   under Section 309(4) of B.N.S. and Section 27 of Arms Act.

                                3. As per the prosecution case, some accused persons

                   on gun point snatched cash from the informant and fled away.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. The name of

                   the petitioner has come in the self-inculpatory statement of the

                   co-accused. Learned counsel further submits that he has two

                   criminal antecedents in which he is on bail and he is in custody

                   since 13.10.2025. The petitioner undertakes to co-operate in the

                   case/ trial.
              Patna High Court CR. MISC. No.40259 of 2026(2) dt.23-06-2026
                                                          2/2




                                      5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                      6. Considering the allegations levelled against the

                        petitioner, 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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