Patna High Court

Md. Astak Ahmad @ Md. Astak Alam @ Furfur @ Md AstakversusThe State of Bihar

Decided: 19 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to bail and should be released upon furnishing the prescribed bond and sureties.

Summary

The petitioner, Md. Astak Ahmad, was arrested in connection with a robbery (Section 392 IPC) after a bag containing cash and documents was stolen. The FIR named unknown miscreants, but during investigation a co-accused, Mantajir Alam, gave a confessional statement that implicated the petitioner, although no incriminating material was recovered from him. The petitioner contended that he was falsely implicated and highlighted that other co-accused had already been granted bail. The State opposed bail, arguing the seriousness of the offence and the confessional statement. After hearing both sides, the High Court found the circumstances comparable to the other co-accused and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to bail under Section 392 IPC despite a co-accused’s confessional statement.
Whether the absence of recovered material and the grant of bail to other co-accused justify releasing the petitioner.
Whether the seriousness of the alleged robbery warrants continued detention.

Legislation cited

Indian Penal Code — s. 392

Subjects

bail
robbery
Section 392 IPC
confessional statement
co-accused
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85827 of 2025
                     Arising Out of PS. Case No.-110 Year-2024 Thana- BHAWANIPUR District- Purnia
                 ======================================================
                 Md. Astak Ahmad @ Md. Astak Alam @ Furfur @ Md Astak, S/o Md. Nago
                 @ Yakub Alam @ Sekh Nago, R/o Vill- Dhokwa, P.S.- Dhamdaha, Distt-
                 Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bhawanipur P.S. Case No. 110 of 2024 registered for the

                   offence punishable under Sections 392 of the Indian Penal

                   Code.

                                3. The case of the prosecution, in short, is that two

                   unknown miscreants have snatched the informant’s bag

                   containing Rs. 4,00,000/- in cash, Aadhar Card, Pan Card, ATM

                   Card, mobile and stamp.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.85827 of 2025(2) dt.19-01-2026
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          case. The F.I.R. was lodged against unknown miscreants.

          During Course of investigation, one Mantajir Alam @ Md.

          Masrul @ Md. Munna @ Md. Mantajir was apprehended and he

          has given his confessional statement and in his confessional

          statement, the name of this petitioner has surfaced. It has further

          been submitted that nothing has been recovered from his

          possession. It has also been submitted that said Mantajir Alam

          has been granted bail by learned Co-ordinate Bench of this

          Court vide Cr. Misc. No. 343 of 2025 and other co-accused

          Mithun Kumar Das and Ravi Kumar have also been granted bail

          by learned Co-ordinate Bench vide Cr. Misc. No. 86439 of 2024

          and 32285 of 2025 respectively. The case of this petitioner

          stands on similar footing. He is languishing in judicial custody

          since 08.08.2024.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Chief
             Patna High Court CR. MISC. No.85827 of 2025(2) dt.19-01-2026
                                                         3/3




                       Judicial Magistrate, Purnea in connection with Bhawanipur P.S.

                       Case No. 110 of 2024.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T

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