Patna High Court
Alamgir SheikhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Alamgir Sheikh was arrested in connection with a dacoity case (Section 395 IPC) based on the testimony of a co‑accused who confessed and implicated him. The petitioner asserted his innocence, stating that no incriminating material was recovered from his possession and that he has a clean antecedent. He had been in custody since 20‑05‑2025 and sought regular bail. The State opposed the bail application. The court, after considering the facts, the petitioner’s clean record, and the circumstances of the case, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to his cooperation in the trial.
Issues considered
- Whether regular bail should be granted to the accused in a dacoity case under Section 395 IPC given the co‑accused’s confession and the petitioner’s clean antecedent.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- dacoity
- Section 395 IPC
- criminal procedure
- regular bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52706 of 2025
Arising Out of PS. Case No.-268 Year-2015 Thana- KISHANGANJ District- Kishanganj
======================================================
Alamgir Sheikh S/o Abdul Jabbar R/o Piyapur Prempur (Khatti Tola), Thana-
Radha Nagar, District- Sahebganj (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Kishanganj P.S. Case No. 268 of 2015,
registered for the offences punishable under Section 395 of the
IPC.
3. As per allegation, five unknown miscreants
committed dacoity in the house of the informant.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. Nothing has been recovered from his possession.
Co-accused Monirul Sheikh @ Moni has confessed his guilt and
also named this petitioner. The said co-accused person has been
Patna High Court CR. MISC. No.52706 of 2025(5) dt.08-01-2026
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granted bail. The petitioner is under custody since 20-05-2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances as well as the clean antecedent, let the petitioner
above-named be released on bail on furnishing bail bonds of
Rs.10,000/- with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Kishanganj in
connection with Kishanganj P.S. Case No. 268 of 2015, subject
to the condition that the petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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