Subhan @ Md. Subhan Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10611 of 2026 Arising Out of PS. Case No.-178 Year-2024 Thana- FULKAHA District- Araria ====================================================== SUBHAN @ MD. SUBHAN MIYAN S/o Khatru R/o vill - Tappu Tola, Pipra Ghat, P.s.- Jogbani, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kishore Bharti, Advocate For the Opposite Party/s :
Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Fulkaha P.S. Case No. 178 of 2024 registered for the offence punishable under Sections 304, 134 and 3(5) of the B.N.S.
3. The case of the prosecution, in short, is that the informant who is Loan Officer in Unity Small Finance Ltd. working at Palashi Branch. On 11.11.2024 at 7.40 A.M., he has collected the cash and as he was going to Forbesganj at 2.10 P.M., unknown bikers intercepted him and took the bag containing Rs. 54,410/-.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.10611 of 2026(2) dt.18-02-2026 2/3 committed no offence. He has been falsely implicated in this case. The F.I.R. was lodged against unknown miscreants. During course of investigation, one Rijwan was apprehended. The name of the petitioner has surfaced during C.D.R. collection. There had been talks between Rijwan and this petitioner. Save and except this, nothing is against the petitioner. No recovery has been made from his possession. He is languishing in judicial custody since 10.09.2025. Learned counsel has also submitted that similarly situated co-accused has been granted bail by this court vide Cr. Misc. No. 83595 of 2025. The case of this petitioner stands on similar footing.
5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of nine cases.
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 J.M. 1st Class, Araria in connection with Fulkaha P.S. Case No. 178 of 2024 with following conditions:-
Patna High Court CR. MISC. No.10611 of 2026(2) dt.18-02-2026 3/3 (i) The petitioner shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.
(ii) The petitioner is also directed to mark his weekly attendance at Narpatganj P.S.
(Ashok Kumar Pandey, J) shubham/- U T