Patna High Court
Md. SahnawazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail must be granted because the prosecution’s case rests solely on the petitioner’s self‑confessional statement and lacks any other incriminating material, and the petitioner has been detained for an extended period without substantive proof.
Summary
The petitioner, Md. Sahnawaz Md. Jahid, was arrested in connection with a robbery and dacoity (IPC §§ 394, 397) and unlawful possession of arms (Arms Act § 27) after a self‑confessional statement to police. The FIR did not name him; the only incriminating material was his own statement, and no seized articles were found in his possession. He has been in custody since 4 May 2025 and has no prior criminal record, while a co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences. The Court, noting the lack of substantive evidence beyond the confession and the prolonged detention, decided to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions of appearance. The order releases the petitioner on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences (IPC §§ 394, 397 and Arms Act § 27).
- Whether a self‑confessional statement alone suffices to justify continued detention in the absence of other material evidence.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394, 397
Subjects
- bail
- robbery
- dacoity
- Arms Act
- self‑confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73132 of 2025
Arising Out of PS. Case No.-110 Year-2023 Thana- MANSURCHAK District- Begusarai
======================================================
Md. Sahnawaz Md. Jahid @ Jahid R/O Vill.- Agapur Kastoli, P.S.-
Mansoorchak @ Mansur Chak, District- Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Mansur
Chak P.S. Case No. 110 of 2023 instituted for the offences under
Sections 394 & 397 of the Indian Penal Code and Section 27 of
the Arms Act.
3. Prosecution case, in short, is that, when the informant
was returning after collecting money, three unknown miscreants
intercepted the informant, assaulted him and looted the bag
containing Rs. 1,50,000/-, a Samsung tab, biometric device, and,
thereafter, fled away from the place of occurrence.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.73132 of 2025(3) dt.02-02-2026
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Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of self-confessional statement
of the petitioner before police. No incriminating article has been
recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the looted articles. Except confessional statement,
there is no material against the petitioner to prove his
involvement in the present case. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
04.05.2025 and has no criminal antecedent. Other co-accused
has been granted bail by this Court vide order dated 18.07.2025,
passed in Cr. Misc. No. 28300 of 2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Mansur Chak P.S. Case No. 110 of
2023, subject to the following conditions:
Patna High Court CR. MISC. No.73132 of 2025(3) dt.02-02-2026
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(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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