Patna High Court
Md. Samsher @ Md. Samsher UddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act
- Indian Penal Code — s. 392, 395
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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