Patna High Court
Md. RashidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and sureties.
Summary
The petitioner, Md. Rashid, was arrested in connection with a robbery on 11 January 2025 during which cash, a laptop and other items were stolen, and a firearm was discharged. He was implicated through a co‑accused's confessional statement, though no stolen property was recovered from him and he had not been produced before a trial court. He had been in custody since 15 September 2025 and sought regular bail for offences under sections 309(4) and 109 of the Bihar Negotiable Instruments Act and section 27 of the Arms Act. The State opposed the bail application, citing the seriousness of the charges and the period of detention. The High Court, considering the nature of the accusation and the length of custody, granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Judicial Magistrate‑I, Rosera.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the period of custody and the nature of the allegations justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109, 309(4)
Subjects
- regular bail
- robbery
- theft
- arms act
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89166 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- BITHAN District- Samastipur
======================================================
Md. Rashid Son of Md. Rajjak @ Sajjad Resident of Village- Belahi, P.S.-
Bithan, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pratik
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under section 309 (4) & 109 of BNS and
Section 27 of the Arms Act.
3. As per F.I.R., on 11.01.2025 at about 11 AM, when
informant was going to his CSP from his home, in the meantim,
three motorcycles borne persons looted his bag containing cash
of Rs. 2,95,000/-, one laptop, one charger, voucher, cheque book
and Aadhar card. On protest, one of them fired and fled away
from the spot by snatching bag of informant.
4. Name of the petitioner transpired during
investigation in the confessional statement of co-accused Lalan
Kumar. No looted article has been recovered from possession of
this petitioner and till date, he (petitioner) has not been put on
T.I.Parade. After completion of the investigation, police
Patna High Court CR. MISC. No.89166 of 2025(2) dt.12-02-2026
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submitted chargesheet. Petitioner is in custody since 15.09.2025.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner 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 learned
Judicial Magistrate – I, Rosera (Samastipur) in connection with
Bithan P.S. Case No. 6 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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