Ahtesham @ Md Ahtesham @ Auaa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8398 of 2025 Arising Out of PS. Case No.-236 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Ahtesham @ Md Ahtesham @ Auaa Son of Phool Gani Ansari @ Phool Gani village- Dualatpur, Ps- Warisnagar, Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Samastipur Town P.S. Case No.236 of 2022 (GR No.2222 of 2022) lodged under Section 394 of the IPC.
3. As per the prosecution, FIR has been lodged against 3 unknown accused persons against whom allegation of dacoity of Rs.1,25,000/- cash from the informant on gun point.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. He further submits that petitioner's name has figured in this case by virtue of confessional statement of co-accused.
5. Counsel submits that the petitioner is in custody
Patna High Court CR. MISC. No.8398 of 2025(2) dt.11-04-2025 2/3 since 24.06.2024 and his criminal antecedent is not clean. There are in total 2 criminal cases pending against him in which he is on bail in one case and in another case, he is persuading for bail. He further submits that neither petitioner has been put on T.I.P. nor any incriminating articles have been recovered from his possession.
6. Counsel further submits that other co-accused person has been granted bail by Co-ordinate Bench of this Court vide order dated 15.12.2023 passed in Cr. Misc. No.80847 of 2023.
7. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner's antecedent is not clean. There are two criminal cases pending against him.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any cases i.e., (i) Khanpur (Samastipur) P.S. Case No.223 of 2022 (ii) Angarghat (Samastipur) P.S. Case No.67 of 2022 which are pending against him, on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like
Patna High Court CR. MISC. No.8398 of 2025(2) dt.11-04-2025 3/3 amount each to the satisfaction of C.J.M., Samastipur in connection with Samastipur Town P.S. Case No.236 of 2022 (GR No.2222 of 2022) , subject to the conditions as laid down under Section 437(3) of Cr.P.C.
9. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) Prakashmani/- U T