Created by Fuzzy Cloud

Patna High Court

Md. ArmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.