Patna High Court
Md. AlauddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted; the application was dismissed.
Summary
The petitioner, Md. Alauddin, was arrested in connection with a robbery in which a pistol was used to snatch a golden ring and earring from a woman traveling in a three-wheeler. The prosecution identified him from CCTV footage, and he has been in custody since 24‑10‑2024. He applied for regular bail under Section 309(4) of the BNS, 2023, but the trial has already commenced. The trial court, after hearing counsel, noted the gravity of the offence, the presence of CCTV evidence, and the fact that only one of six witnesses had been examined, and declined to revisit its earlier order denying bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the BNS, 2023 in view of the seriousness of the offence and the stage of trial.
Legislation cited
- BNS, 2023 — s. 309(4)
Subjects
- bail
- Section 309(4)
- BNS 2023
- robbery
- CCTV evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79237 of 2025
Arising Out of PS. Case No.-1452 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Md. Alauddin S/O Md. Jumerati Miya @ Md. Jumrati Resident of Mohalla-
Mewa Saw Lane, P.S.- Sultanganj, District- Patna-800006
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the State : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Phulwarisharif
P.S. Case No. 1452 of 2024 registered for the offence under
Sections 309(4) of the BNS, 2023.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 19.04.2025 passed in Cr. Misc.
No. 5467 of 2025, which reads as under:
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Phulwarisharif P.S. Case No.
1452 of 2024 registered for the offence under
Sections 309(4) of the BNS, 2023.
3. As per the prosecution case, the
accused persons on the point of pistol took away
golden ring and earring of the victim while she
Patna High Court CR. MISC. No.79237 of 2025(3) dt.11-02-2026
2/2
was travelling in a three-wheeler in Patna.
4. During investigation, the police
have identified the petitioner from the CCTV
footage as one of the criminals involved in the
loot. Petitioner is in custody since 24.10.2024.
5. Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to
the petitioner. Accordingly, this application for
regular bail is dismissed.”
4. Learned counsel for the petitioner submits out of
six witnesses, one witness has been examined.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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