Patna High Court
Md. Shamim @ Md. Shamin @ Md. SaminversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, finding insufficient evidentiary basis to justify continued detention.
Summary
The petitioner, Md. Shamim, applied for bail in a case (Maheshkhunt P.S. Case No. 163 of 2023) involving alleged offences of dacoity, attempt to murder, criminal conspiracy under Sections 394, 307, 120B of the IPC and possession of arms under Section 27 of the Arms Act. The prosecution alleged that on 11‑08‑2023 the petitioner participated in an armed robbery where the victim was shot and cash was stolen. The petitioner contended that he was falsely implicated, not named in the FIR, and that the only link to him was a confessional statement of a co‑accused, which lacks evidentiary value; no incriminating material was found on him and no T.I.P. had been conducted. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody period, and his claim of false implication, the Court decided to grant bail subject to a cash bond of Rs.15,000, two sureties, and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the IPC and Arms Act.
- Whether the confessional statement of a co‑accused can constitute sufficient basis for continued detention.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 307, 394
Subjects
- bail
- false implication
- confessional statement
- criminal conspiracy
- arms act
- robbery
- Indian Penal Code
- trial conditions
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76857 of 2025
Arising Out of PS. Case No.-163 Year-2023 Thana- MAHESHKHUNT District- Khagaria
======================================================
Md. Shamim @ Md. Shamin @ Md. Samin S/o Late Suddiayan R/o Village -
Lattipakar, P.S - Gopalpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Maheshkhunt P.S. Case No. 163 of 2023 instituted for the
offences under Sections 394, 307, 120B of the Indian Penal
Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that on 11.08.2023,
while the informant was carrying about ₹2 lakhs to his CSP
centre, he was allegedly stopped by two armed persons,
identified one as Vijay Singh, who threw chilli powder, fired at
him causing gunshot injuries, and robbed the cash.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.76857 of 2025(4) dt.04-02-2026
2/3
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused Vijay Singh which has no evidentiary value in
the eye of law. 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
recovered arms and ammunitions. Learned counsel further
submitted that T.I.P. has not been conducted till date to ascertain
the involvement of the petitioner in the alleged offence. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 01.02.2025 and has one criminal antecedent.
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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Maheshkhunt P.S.
Case No. 163 of 2023, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
Patna High Court CR. MISC. No.76857 of 2025(4) dt.04-02-2026
3/3
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…