Patna High Court
Md. ShahidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Md. Shahid, was implicated in a robbery case (Kanti P.S. Case No. 378 of 2022) under Sections 393 and 379 of the IPC. He claimed innocence, arguing that the mobile phone recovered from the truck was not properly identified in the FIR. The prosecution opposed bail, noting a pending case against the petitioner but acknowledged he was already on bail in that matter. The court considered the circumstances, including the petitioner's claim of false implication and the need to ensure he does not tamper with evidence or witnesses. It granted bail on a Rs. 10,000 bond with two sureties, imposing conditions under Section 482(2) of the CrPC, such as cooperation with the trial, physical presence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner in the robbery case under Sections 393 and 379 IPC.
- Whether the alleged discrepancy in the mobile phone evidence justifies denial of bail.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 379, 393
Subjects
- bail
- criminal procedure
- robbery
- evidence
- mobile phone
- Section 482
- Section 393
- Section 379
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86677 of 2025
Arising Out of PS. Case No.-378 Year-2022 Thana- KANTI District- Muzaffarpur
======================================================
Md. Shahid S/o- Md. Nazir Village- Sadatpur PS- kanti Distt- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Shashank Shekhar, learned counsel for the
petitioner and Mr. Kalyan Shankar, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Kanti P.S. Case No. 378 of 2022, F.I.R. dated
13.06.2022 for the offences punishable under Sections 393, 379
of the IPC.
3. According to prosecution case, three unknown
persons armed with pistol reached at Chandani Chowk,
Muzaffarpur, and tried to rob a truck while the informant and his
helper were fixing the tyre of the alleged truck. On seeing police
all the accused persons fled away after taking one motorcycle
and 1-2 cartoons from the truck leaving their mobile phones in
the truck.
Patna High Court CR. MISC. No.86677 of 2025(2) dt.08-01-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and he has been falsely implicated in the
present case. It appears from the F.I.R. that a mobile phone was
recovered from the truck in question although the number of the
mobile phone is mentioned in the F.I.R, which was recovered
from the truck but from the seizure list it appears that there is no
mobile number mentioned of the mobile phone which was
recovered from the truck in question.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one more case other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-I, Muzaffarpur (West) in connection with Kanti P.S.
Case No. 378 of 2022, subject to the conditions as laid down
under Section 482(2) of the Code of Criminal Procedure and
Patna High Court CR. MISC. No.86677 of 2025(2) dt.08-01-2026
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with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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