Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10865 of 2026 Arising Out of PS. Case No.-102 Year-2025 Thana- SAMASTIPUR District- Samastipur ====================================================== 1.

Md. Danish S/o Md. Muziv R/o Village - Gudri Bazar, Ward No. 22, Town P.S, District - Samastipur.

2.

Md. Irfan S/o Md. Muziv R/o Village - Gudri Bazar, Ward No. 22, Town P.S, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Advocate.

For the Opposite Party/s :

Ms. Shaheen Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners seek regular bail in connection with Samsatipur Town P.S. Case No.102 of 2025 for the offences registered under Sections 317(5) of the B.N.S., 2023.

3. As per the prosecution case, some unknown persons committed theft in the house of the informant in his absence. Accused persons have entered into his house by damaging window of the first floor and door of the second floor and took away gold and silver ornaments.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was not present at the spot and no incriminating article has been recovered from his possession. Learned counsel submits that the petitioners are not named in the F.I.R., rather their names have been transpired in this case only on

Patna High Court CR. MISC. No.10865 of 2026(2) dt.26-02-2026 2/2 the basis of confessional statement of the co-accused persons. He further submits that petitioners have two criminal antecedents, in which they are is on bail. Learned counsel submits that similarly situated co-accused namely Mazhar Imam @ Tausif has been granted regular bail by the Co-ordinate Bench of this Court vide order dated 13.10.2025 passed in Cr. Misc. No.71367 of 2025. Petitioners are in custody since 11.05.2025 and they undertake to co-operate in the investigation and trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case, the nature of allegation against the petitioners and the fact that similarly situated has already been granted regular by the Co-ordinate Bench of this Court and the period of custody already undergone by them, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samsatipur/ concerned Court in connection with Samsatipur Town P.S. Case No.102 of 2025.

(Sunil Dutta Mishra, J) Ritik/- U T