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Patna High Court

Md. NadimversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Md. Nadim, applied for regular bail in a case involving alleged robbery, assault with a pistol, and illegal possession of arms under Sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, 1959. The prosecution’s case is based on the informant’s testimony and the confessional statements of co‑accused Md. Arzu Emam and Lakhindra Kumar, who have already been granted bail. The petitioner contended that he is not named in the FIR, no incriminating material has been recovered from him, and no TIP has been conducted, asserting his innocence despite two prior criminal antecedents and custody since 16‑10‑2025. The State opposed bail, citing the seriousness of the offences. The Court, after considering the submissions and the lack of direct evidence against the petitioner, ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The application for bail was allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and reliance on co‑accused confessional statements.
  • Whether the absence of recovered incriminating articles and lack of a TIP justify granting bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • confessional statements
  • co‑accused
  • arms act
  • serious offences
  • prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91925 of 2025
                   Arising Out of PS. Case No.-262 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Md. Nadim S/O Md. Jawed Resident Of Vill.- Ratwara, P.s.- Kalyanpur, Dist.-
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :      Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   07-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Kalyanpur P.S. Case no.

                   262 of 2025 registered for the offences punishable under

                   Sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita,

                   2023 and section 27 of the Arms Act, 1959.

                                3. As per the prosecution case, the informant states

                   that while he was returning with his brother-in-law along with

                   some gold and silver ornaments on a motorcycle, two accused

                   persons forced them to stop. The brother-in-law of the informant

                   was assaulted with a pistol on his head and thereafter the

                   accused took away the bag containing the ornaments, mobile

                   phone and Rs.6,000/- in cash. The informant states that in the
Patna High Court CR. MISC. No.91925 of 2025(4) dt.07-04-2026
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          light of the motorcycle, he saw the accused persons.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that the petitioner is not

          named in the FIR and his name has transpired only on the basis

          of confessional statement of co-accused Md. Arzu Emam and

          Lakhindra Kumar. It has also been submitted that no

          incriminating article has been recovered from the possession of

          the petitioner and no TIP was conducted till date. It has further

          been submitted that the charge sheet has been submitted against

          the petitioner and there is no allegation of tampering the

          evidence against him. Moreover, the accused persons Md. Arzu

          Emam and Lakhindra Kumar, on whose confessions the name of

          the petitioner has transpired in this case, have already been

          granted the privilege of bail by co-ordinate Benches of this

          Court vide orders dated 11.02.2026 and 21.01.2026 passed in

          Cr. Misc. No. 79840 of 2025 and Cr. Misc. No. 80441 of 2025.

          It has lastly been submitted that the petitioner has two criminal

          antecedents and is in custody since 16.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid submissions of the
              Patna High Court CR. MISC. No.91925 of 2025(4) dt.07-04-2026
                                                          3/3




                        parties and taking into account the facts and circumstance of the

                        case, let the petitioner above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

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

                        learned Court concerned, Samastipur, in connection with

                        Kalyanpur P.S. Case no. 262 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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