Patna High Court
Md. ArmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Md. Arman, was charged under Section 394 of the Indian Penal Code and Section 27 of the Arms Act for a robbery and assault incident that occurred on 5 December 2022. He was not named in the FIR; his alleged involvement was derived solely from a co-accused's confessional statement, which the petitioner argued lacks evidentiary value, and no weapon or stolen property was recovered from him. The petitioner, a student, had been in custody since 6 February 2024, while a similarly situated co-accused had already been granted regular bail. The State opposed bail citing the petitioner’s criminal antecedents. The Court, noting the prolonged detention, the lack of direct evidence, and the precedent of bail to the co-accused, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of personal surety and regular court attendance.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under IPC Sec. 394 and Arms Act Sec. 27.
- Whether the co-accused's confessional statement can constitute sufficient basis for detention.
- Whether the petitioner’s prolonged pre‑trial custody and the grant of bail to a similarly situated co‑accused warrant bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 394
Subjects
- bail
- pre‑trial detention
- IPC Section 394
- Arms Act Section 27
- evidentiary value of confession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42809 of 2025
Arising Out of PS. Case No.-155 Year-2022 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
Md. Arman S/o- Md. Equbal Village- Kasbe Aahar, P.S. Tajpur, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Noushad Khan, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 394 of the Indian Penal
Code and Section 27 of the Arms Act.
3. As per the prosecution case, on 5.12.2022, at
3:30 p.m., three unknown persons on a white motorcycle
intercepted the informant near Jivan Saharsa Hospital. The
assailants assaulted him, shot him in the leg with a katta, and
fled with his motorcycle. The informant was subsequently
hospitalized in Patna due to his injuries.
4. Learned counsel for the petitioner submits that
the petitioner is not named in the First Information Report and
Patna High Court CR. MISC. No.42809 of 2025(5) dt.13-02-2026
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his name transpired on the basis of confessional statement of
co-accused Sudhanshu Kumar @ Vikki @ Rakesh, which has
no evidentiary value in the eye of law. No incriminating article
has been recovered from the possession of the petitioner. It is
further submitted that the petitioner is a student and similarly
situated co-accused, Md. Shyed Danish has already been
granted the privilege of regular bail by a Bench of this Court
vide order dated 20.08.2024 passed in Cr. Misc. No.49304 of
2024. The petitioner is in custody since 06.02.2024 and the trial
has began but only two witnesses have been examined and
there is no likelihood of the conclusion of trial in near future.
5. Learned APP for the State opposed the grant of
bail submitting that the petitioner has criminal antecedents.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner has
remained for substantial time in custody and similarly situated
co-accused has already been granted the privilege of regular
bail by a Bench of this Court, let the above named petitioner,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional District and
Sessions Judge-III, Samastipur/concerned Court below in
Patna High Court CR. MISC. No.42809 of 2025(5) dt.13-02-2026
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connection with N.H. Bangra P.S. Case No. 155 of 2022
subject to condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister and/or his
wife.
(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
U T
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