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Patna High CourtCR. MISC./42809/2025bail granted

Md. Arman v. The State Of Bihar

2026-02-13Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42809 of 2025 Arising Out of PS. Case No.-155 Year-2022 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Md. Arman S/o- Md. Equbal Village- Kasbe Aahar, P.S. Tajpur, DistrictSamastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Noushad Khan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on 5.12.2022, at 3:30 p.m., three unknown persons on a white motorcycle intercepted the informant near Jivan Saharsa Hospital. The assailants assaulted him, shot him in the leg with a katta, and fled with his motorcycle. The informant was subsequently hospitalized in Patna due to his injuries.

4. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and

Patna High Court CR. MISC. No.42809 of 2025(5) dt.13-02-2026 2/3 his name transpired on the basis of confessional statement of co-accused Sudhanshu Kumar @ Vikki @ Rakesh, which has no evidentiary value in the eye of law. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner is a student and similarly situated co-accused, Md. Shyed Danish has already been granted the privilege of regular bail by a Bench of this Court vide order dated 20.08.2024 passed in Cr. Misc. No.49304 of 2024. The petitioner is in custody since 06.02.2024 and the trial has began but only two witnesses have been examined and there is no likelihood of the conclusion of trial in near future.

5. Learned APP for the State opposed the grant of bail submitting that the petitioner has criminal antecedents.

6. Taking into consideration the facts and circumstances and considering the fact that the petitioner has remained for substantial time in custody and similarly situated co-accused has already been granted the privilege of regular bail by a Bench of this Court, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Samastipur/concerned Court below in

Patna High Court CR. MISC. No.42809 of 2025(5) dt.13-02-2026 3/3 connection with N.H. Bangra P.S. Case No. 155 of 2022 subject to condition that:- (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J) anand/- U T