Patna High Court
Munna Sah @ StilwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail is granted to the petitioner subject to stringent conditions.
Summary
Munna Sah was arrested in a 2014 robbery case alleged under Sections 395 and 397 of the Indian Penal Code, involving the hijacking of a truck and assault on the driver. The prosecution’s case is that a group of four miscreants committed the robbery on 17 October 2014 and fled, leaving the victims injured. The petitioner argued that he was falsely implicated, was not named in the FIR, and his name surfaced only from a co‑accused’s confessional statement; no incriminating material was recovered from him and no identification parade had been conducted. He had been in judicial custody since March 2020 while two co‑accused had already been granted bail. The court, after weighing the facts and submissions, ordered his release on bail with a surety of Rs 10,000 and several conditions, including regular reporting to the police and non‑tampering with evidence. The bail application was therefore allowed.
Issues considered
- Whether bail can be granted to an accused in a dacoity/robbery case under Sections 395 and 397 IPC pending trial.
- Whether the absence of the petitioner’s name in the FIR, lack of incriminating material and no identification parade justify granting bail.
Legislation cited
- Indian Penal Code — s. 395, 397
Subjects
- bail
- dacoity
- robbery
- Indian Penal Code
- Criminal Procedure Code
- identification parade
- confessional statement
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6897 of 2026
Arising Out of PS. Case No.-284 Year-2014 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Munna Sah @ Stilwa Son of Late Prasadi Sah R/o Village- Pipra, P.S. -
Chautham, Dist. - Khagariya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Sahebpur Kamal P. S. Case No. 284 of 2014, dated 18-10-2014
instituted for the offence punishable under Sections 395 and 397
of the Indian Penal Code.
3. The prosecution case, in short, is that on
17.10.2014 at about 22:00 hours, while transporting wheat in
Truck No. BR-01GC-4442 from Ballia to Siliguri, the informant
was intercepted near Sri Chandpur Dhala by a white Tata Safari.
Four miscreants boarded the truck, overpowered the driver and
khalasi, committed robbery of cash, a mobile phone and the
original documents of the truck. It is further alleged that they
Patna High Court CR. MISC. No.6897 of 2026(2) dt.04-02-2026
2/4
assaulted them with a knife, restrained them and later
abandoned them near Khagaria in injured condition.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the petitioner has not
been named in the First Information Report. During the course
of investigation, one co-accused, namely Dharmendra Kumar @
Rajnish, was apprehended by the police and merely on the basis
of his confessional statement, the name of the petitioner
surfaced in the instant case. It is submitted that no incriminating
article has been recovered either from the conscious possession
or from the house of the petitioner. It is further submitted that no
Test Identification Parade has been conducted till date. Learned
counsel further submits that the said co-accused, Dharmendra
Kumar @ Rajnish, has already been granted bail vide order
dated 23.06.2015 passed in Cr. Misc. No. 19246 of 2015.
Another similarly situated co-accused, namely Banti Poddar @
Mrityunjay Poddar, has also been granted regular bail vide order
dated 20.01.2021 passed in Cr. Misc. No. 34769 of 2020. Lastly,
it is submitted that the petitioner has been in judicial custody
since 03.03.2020 and has only two criminal cases pending
against him.
Patna High Court CR. MISC. No.6897 of 2026(2) dt.04-02-2026
3/4
5. Learned A.P.P. has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned A.C.J.M. Balia at
Begusarai, in connection with Sahebpur Kamal P. S. Case No.
284 of 2014, subject to the following conditions: (i) that the
petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
his absence on two consecutive dates without sufficient reason,
his bail bond shall be cancelled by the court below, (ii) that one
of the bailors will be his own blood relation, preferably father,
mother, brother, sister and or his wife, (iii) that the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is made accused in any other case of similar
nature after his release in the present case and thereafter the
court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail and (v) that the petitioner will appear before the SHO of
Patna High Court CR. MISC. No.6897 of 2026(2) dt.04-02-2026
4/4
concerned PS in the first week of each month till the framing of
charge in this case.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U T
Checking your session…