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Patna High Court

Md. Samsher @ Md. Samsher UddinversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the petition for regular bail.

Summary

The petitioner, Md. Samsher Uddin, was arrested in connection with a robbery of Rs.86,000 from an informant, allegedly threatened with a pistol, and is also facing charges under the Arms Act. The prosecution’s case includes a self‑inculpatory statement of a co‑accused that names the petitioner, and he has been in custody since 17‑03‑2024. The petitioner filed a second application for regular bail after an earlier bail denial on 07‑08‑2024. The court examined the material evidence, the seriousness of the offences under Sections 395 and 392 of the Indian Penal Code, and the pending trial, and found no merit to revisit its earlier order. Consequently, the court rejected the bail application and dismissed the petition.

Issues considered

  • Whether regular bail can be granted to the petitioner in view of the robbery charges under IPC Sections 395/392 and the Arms Act.
  • Whether the self‑inculpatory statement of the co‑accused and the material evidence justify denial of bail.
  • Whether the earlier bail denial can be reviewed on a second application.

Legislation cited

Subjects

  • bail
  • robbery
  • Indian Penal Code
  • Arms Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59201 of 2025
                      Arising Out of PS. Case No.-184 Year-2022 Thana- BITHAN District- Samastipur
                 ======================================================
                 Md. Samsher @ Md. Samsher Uddin S/O Nehal Uddin R/O Village- Nista
                 Haripur, Ward No. 14, P.S- Alauli, Dist.- Khagariya, Bihar.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Jitendra Kumar S/O-Triveni Kumar Yadav, Vill-Sakrohiya, P.S.-Bithan, Dist-
                 Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhav Kumar, Advocate
                 For the State            :        Mr.Renu Kumari, APP
                 For the Informant        :        Mr. Umesh Kumar Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   18-02-2026                    Heard the parties.

                                  2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Bithan P.S. Case No.

                   184 of 2022 registered for the offence under Section 395 of the

                   Indian Penal Code. Earlier the bail application of the petitioner

                   was rejected vide order dated 07.08.2024 passed in Cr. Misc.

                   No. 51778 of 2024 which reads as under:-

                                              Heard the learned counsel for the petitioner
                                 and learned APP for the State.
                                              2. The petitioner seeks regular bail in the
                                 present case registered for the offence under Section 392
                                 of the Indian Penal Code.
                                              3. As per the prosecution case, Rs. 86,000/-
                                 was looted from the informant by three unknown
              Patna High Court CR. MISC. No.59201 of 2025(4) dt.18-02-2026
                                                          2/2




                                     criminals after they threatened the informant with pistol.
                                                   4. In the self-inculpatory statement of the co-
                                     accused, the name of the petitioner has come. Sufficient
                                     materials have come during investigation to connect the
                                     petitioner with the crime. Petitioner is also accused in a
                                     case under the Arms Act and he is in jail since
                                     17.03.2024.
                                                   5. Considering the aforesaid facts and
                                     circumstances, I am not inclined to grant bail to the
                                     petitioner.
                                                   6. Accordingly, this application for regular
                                     bail is rejected.


                                     3. It has been submitted by the learned counsel for the

                        petitioner that the charges are framed and trial has started.

                                     4. Considering the aforesaid facts, this Court finds no

                        ground to review its earlier order.

                                     5. Accordingly, this application is dismissed again.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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