Md. Akram Ashrafi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14284 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Md. Akram Ashrafi Son of Md. Akhtar Anjum R/O Vill- Gangta, P.O.- Nawadih, P.S.- Hunterganj, District- Chatra, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sherghati P.S. Case No. 452 of 2024 registered for the offences punishable under Section 310(2) of B.N.S.

3. The prosecution case in brief is that while the informant was present at his shop, three persons arrived there and they took out Rs. 15 lacs from the cash box of the shop and they also looted gold ornaments worth Rs. 9 lacs and three mobile phones.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the case. He is not named in the FIR and his name has surfaced in

Patna High Court CR. MISC. No.14284 of 2025(4) dt.06-05-2025 2/3 the confessional statement of co-accused Md. Dillshad. No incriminating material has been recovered from the possession of the petitioner. Learned counsel further submits that the petitioner has clean antecedent and despite the petitioner being in custody since 30.10.2024, till date neither the recovered amount nor the petitioner and others have been put on TIP for identification. The learned counsel has lastly submitted that from the contents of the case diary, it is clear that there was only a suspicion raised against the petitioner and two others of having been a party to the said crime.

5. The learned APP for the State has vehemently opposed the prayer for bail and has submitted that the petitioner and others formed a gang and have committed the said loot.

6. Considering the aforesaid submissions made by the parties and taking into account that the petitioner is not named in the FIR, till date no TIP has been done in order to identify the petitioner as one of the miscreants involved in the said incident and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of the learned A.C.J.M - I, Sherghati, Gaya in connection with Sherghati P.S. Case No. 452

Patna High Court CR. MISC. No.14284 of 2025(4) dt.06-05-2025 3/3 of 2024 subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case the prosecution is found the petitioner's involvement in similar nature of allegation after his release and in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Sourendra Pandey, J) Prakash/- U