Patna High Court
Md. Aarju EmamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail must be granted in the present case.
Summary
The petitioner, Md. Aarju Emam, was arrested in connection with a robbery and assault case (Kalyanpur PS Case No. 262 of 2025) alleged under sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959. He contended that his confession to police was false, no incriminating articles were recovered from him, and he had not been produced for a T.I. parade despite being in custody since 27‑07‑2025, though a chargesheet had been filed. The State opposed his bail application. The Court, after considering the FIR, the lack of seized material, the absence of a T.I. parade, and the petitioner’s clean record, ordered that regular bail be granted on a bond of Rs.10,000 with two sureties of equal amount, subject to satisfaction of the Chief Judicial Magistrate, Samastipur. The order effectively released the petitioner pending trial.
Issues considered
- Whether regular bail should be granted to the accused under sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959.
- Whether the absence of incriminating articles and the failure to produce the accused for a T.I. parade justify bail despite the seriousness of the offences.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 317(2)
Subjects
- regular bail
- criminal procedure
- false confession
- arms act
- section 309
- section 317
- section 27
- chargesheet
- T.I. parade
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79840 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Md. Aarju Emam S/O Md. Zafar Emam @ Zafar Imam R/o - Ratwara, P.S -
Kalyanpur, District - Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kalyanpur P.S. Case no.
262 of 2025 registered under sections 309(6) and 317(2) of the
Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act,
1959.
3. As per the prosecution case, the informant states
that while he was returning with his brother-in-law (saala) along
with some gold and silver ornaments on a motorcycle, two
accused persons forced them to stop. The brother-in-law of the
Patna High Court CR. MISC. No.79840 of 2025(4) dt.11-02-2026
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informant was assaulted with a pistol on his head and thereafter
the accused took away the bag containing the ornaments, mobile
phone and Rs.6,000/- in cash. The informant states that in the
light of the motorcycle, he saw the accused persons.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case on the basis
of his confessional statement made before police. No incriminating
article has been recovered from the petitioner’s possession. Inspite of
his being in custody since 27.7.2025, he has not been put on T.I.
Parade and chargesheet has been submitted in the case. The
petitioner has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, no incriminating
article having been recovered from the petitioner’s possession,
the petitioner not having been put on T.I. Parade inspite of his
being in custody since 27.7.2025 and chargesheet having been
submitted in the case, the Court directs the petitioner to be enlarged
on bail in connection with Kalyanpur P.S. Case no. 262 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.79840 of 2025(4) dt.11-02-2026
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sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Samastipur.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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