Md. Nadim v. The State Of Bihar
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 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 2/3 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