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Patna High Court

Tanveer Alam @ TanveerversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                            2/3




                                      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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