Patna High Court
Tanveer Alam @ TanveerversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court upheld the denial of bail, holding that the circumstances did not warrant its grant.
Summary
The petitioners, accused of looting silver and gold and of discharging a firearm that injured a villager, were arrested on 5 December 2024 and have given confessional statements. They each have prior criminal antecedents. They applied for regular bail under Sections 309(4), 309(6), 109(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The High Court, noting the seriousness of the offences, the existence of confessions, the antecedents and that the trial had already commenced, refused to grant bail, reaffirming its earlier order. Consequently, the bail applications were dismissed.
Issues considered
- Whether bail should be granted to accused persons charged under BNS Sections 309(4), 309(6), 109(1) and Arms Act Section 27 in view of their confessional statements and criminal antecedents.
- Whether the earlier order denying bail can be reviewed after the trial has started.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 309(4), 309(6)
Subjects
- bail
- robbery
- arms act
- Bharatiya Nyaya Sanhita
- confessional statement
- criminal antecedents
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5453 of 2026
Arising Out of PS. Case No.-23 Year-2024 Thana- Vishanpur District- Kishanganj
======================================================
Tanveer Alam @ Tanveer S/O Md. Taiyab @ Taib Alam R/O Village-
Shishona, P.S.- Jokihat, Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Tiwary, Adv
For the Opposite Party/s : Mr. Jharkhandi Upadhaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Bishanpur
P.S.Case No. 23 of 2024 registered for the offence punishable
under Section 309(4), 309(6), 109(1) of BNS and section 27 of
the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 09.05.2025 passed in Cr. Misc.
No.13914 of 2025, which reads as under:-
“ These applications are arising
out of the same P.S.Case Number i.e.,
Bishanpur P.S. Case No. 23 of 2024.
Hence,they are being heard together and
are being decided by a common order.
2. Heard the learned counsel for the
Patna High Court CR. MISC. No.5453 of 2026(2) dt.12-02-2026
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petitioners and learned APP for the State.
3. The petitioners seek regular bail in
connection with Bishanpur P.S. Case No.
23 of 2024 registered for the offence
under Sections 309(4), 309(6), 109(1) of
the Bharatiya Nyaya Sanhita, 2023 and
Section 27 of the Arms Act.
4. As per the prosecution case, three
unknown criminals looted four kilograms
of silver and four bhars of gold from the
informant and thereafter when the co-
villagers tried to catch hold of the
criminals, one of the criminals fired from
his pistol which caused injury to one
villager.
5. So far as the petitioner namely Mun
Munga Saha is concerned, he has given a
self-inculpatory statement and has
confessed his involvement in the crime.
The petitioner has two criminal
antecedents also. The petitioner is in
custody since 05.12.2024.
6. So far as the petitioner namely Tanveer
Alam @ Tanveer is concerned, the name
of the petitioner has come in the
case during investigation. The petitioner
has confessed his involvement in the
crime and also stated the name of other
accused persons as his associates. The
petitioner is in custody since 05.12.2024
and has two criminal antecedents.
7. So far as the petitioner namely Md.
Saddam is concerned, his name has come
in the case on the confessional statement
of co-accused Lalu @ Gulab. The
petitioner has one criminal antecedent
and is in custody since 05.12.2024.
8. So far as the petitioner namely
Kuddam is concerned, the name of the
Patna High Court CR. MISC. No.5453 of 2026(2) dt.12-02-2026
3/3
petitioner in the case has come on the
confessional statement of co-accused
Lalu @ Gulab. The petitioner has three
criminal antecedents and is in custody
since 05.12.2024.
9. Considering the allegations levelled
against the petitioners as well as the
criminal antecedents of the petitioners,
I am not inclined to grant bail to the
petitioners.
10. Accordingly, these applications for
regular bail are hereby rejected.
4. Learned counsel for the petitioner submits that
the charge has been framed. He further submits that out of 9
witnesses, 2 witnesses have been examined.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
N.K/-
U T
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