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Patna High Court

Md. ShahidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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