Patna High Court
Md. Nasim @ Md NaseemversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Md. Nasim was arrested in connection with a robbery and dacoity case (Sections 395, 397 IPC) involving arms and explosives. The prosecution’s case relied mainly on a co‑accused’s confessional statement, with no material recovered from the petitioner. The petitioner argued innocence and cited that similarly situated co‑accused had been granted bail. The State opposed bail. Considering the lack of direct evidence, the petitioner’s prolonged custody since August 2025, and precedent bail orders, the Court granted bail on condition of a Rs.10,000 bond with two sureties and required his cooperation and presence at trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged
Legislation cited
- Arms Act — s. 27
- Explosive Substances Act — s. ¾
- Indian Penal Code — s. 395, 397
Subjects
- bail
- criminal procedure
- dacoity
- robbery
- arms act
- explosive substances
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9970 of 2026
Arising Out of PS. Case No.-11 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Md. Nasim @ Md Naseem son of Md Jahiruddin Resident of village-
Pirgacchi, P.s.- Angarh Hat, District -Purnea State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kochadhaman P.S. Case No. 11 of 2024 registered for the
offence punishable under Sections 395 and 397 of the Indian
Penal Code, Section 27 of the Arms Act and Section ¾ of
Explosive Substance Act.
3. The case of the prosecution, in short, is that the
unknown miscreants entered into the house of the informant and
looted ornaments after breaking almirah and box. It is also
alleged that the inmates of the house were assaulted badly.
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.9970 of 2026(2) dt.09-02-2026
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case. His name has surfaced during investigation in the
confessional statement of one of the co-accused. It has further
been submitted that nothing has been recovered from his
possession. Save and except the confessional statement of co-
accused, nothing is there against him. It has also been submitted
that said Mustakim and other similarly situated co-accused
persons have been granted bail by learned Co-ordinate Bench
vide Cr. Misc. No. 38301 of 2024 and 12246 of 2025
respectively. The case of this petitioner stands on similar
footing. Petitioner is languishing in judicial custody since
08.08.2025.
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
Sessions Judge, Kishanganj in connection with Kochadhaman
P.S. Case No. 11 of 2024 with the condition that petitioner
shall cooperate in the trial and shall be physically present
Patna High Court CR. MISC. No.9970 of 2026(2) dt.09-02-2026
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on each and every date in the trial Court till the disposal of
the case.
(Ashok Kumar Pandey, J)
durgesh/-
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