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Patna High Court

Md. Samir @ Sunni @ Mohammad Samir KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Samir Khan, sought bail in a case registered under Section 309(6) of the B.N.S. Act concerning alleged robbery and assault. The prosecution alleged that the accused fired on the informant and stole cash and jewellery, but the petitioner was not named in the FIR and his name appeared only in a co-accused's confessional statement. The petitioner argued that no incriminating material was found on him, he had not been arrested at the scene, and no TIP had been conducted to verify his identity, despite his alleged criminal antecedents. The State opposed bail, citing the petitioner’s prior similar offences. The court, considering the lack of direct evidence and procedural lapses, granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as attendance before the trial court and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 309(6) of the B.N.S. Act.
  • Whether the petitioner’s alleged criminal antecedents preclude the grant of bail.
  • Whether the absence of the petitioner’s name in the FIR and lack of incriminating material justify bail.

Legislation cited

Subjects

  • bail
  • Section 309(6)
  • B.N.S. Act
  • criminal antecedents
  • FIR
  • confessional statement
  • TIP
  • robbery
  • assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84628 of 2025
                  Arising Out of PS. Case No.-629 Year-2024 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Md. Samir @ Sunni @ Mohammad Samir Khan S/O Md. Noorsahan Khan
                 R/O Mohalla- Khan Mirza Gali, Police station- Sultanganj, District- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Raj Krishna Jha, Adv.
                 For the Opposite Party/s :      Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   05-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with Laheri

                   P.S. Case No. 629 of 2024 dated 23.12.2024 registered for the

                   offence punishable under Section 309(6) of the B.N.S. Act.

                                3. As per the prosecution case, the informant has

                   alleged that he along with his family members had gone out of

                   town and he was subsequently informed that some persons have

                   entered his house upon which he returned and saw that two

                   persons are coming out from the house. When he tried to stop

                   them, the accused person are alleged to have fired upon the

                   informant and the others and thereafter, they managed to escape.

                   It is further alleged that when the informant entered the house

                   he saw that the lock of the three almirahs were broken and Rs.
Patna High Court CR. MISC. No.84628 of 2025(2) dt.05-01-2026
                                            2/3




          40,000/- and jewellaries worth Rs. 25,00000/- were looted.

                       4. Learned counsel for the petitioner submits that the

          petitioner is not named in the FIR and his name has surfaced on

          the confessional statement of co-accused. It has next been

          submitted that the petitioner was neither arrested at the spot nor

          any incriminating article has been recovered from his conscious

          possession. It has further been submitted that the petitioner has

          long list of criminal antecedents of similar nature and he has

          been falsely implicated at the behest of the police. It has next

          been submitted that till date, no T.I.P. has been conducted in

          order to verify the identity of the petitioner. It is lastly submitted

          that the petitioner is in custody since 13.08.2025.

                       5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner and submitted that the petitioner has 14

          criminal antecedents and he has been involved in similar nature

          of offences and as such, he should not be enlarged on bail.

                       6. Considering the facts and circumstances of the

          case, the petitioner is directed to be released on bail on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned C.J.M., Nalanda at Biharsharif in connection with

          Laheri P.S. Case No. 629 of 2024, subject to the following terms
           Patna High Court CR. MISC. No.84628 of 2025(2) dt.05-01-2026
                                                       3/3




                     and conditions :-

                                  (i) One of the bailors will be a close relative of the

                     petitioner ;

                                  (ii) the petitioner will remain present on each and

                     every date fixed, if so required by the learned Trial Court ;

                                  (iii) in case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bonds of the petitioner

                     will liable to be cancelled by the Court concerned ;

                                  (iv) the trial court shall verify the criminal antecedent

                     of the petitioner and in case at any stage, it is found that the

                     petitioner has concealed his criminal antecedents, the trial court

                     shall take step for cancellation of bail bonds of the petitioner.

                     However, the acceptance of bail bonds in terms of the above

                     mentioned order shall not be delayed for purpose of the same on

                     in the name of verification.

                                  (v) the petitioner is directed to appear before the SSP,

                     Nalanda at Biharsharif fortnightly to mark his attendance.

                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
Gautam/-
U     T


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