Dildar @ Aabid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17934 of 2025 Arising Out of PS. Case No.-224 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Dildar @ Aabid Son of Asauddin Resident of Village - Balwadori, Ward No.- 11, P.S.- Palasi, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Kochadhaman P.S. Case No. 224 of 2024 registered for the alleged offences under Sections 334(1), 303(2) of Bharatiya Nyaya Sanhita, 2023 (BNS) and later added Section 317(2) of BNS.

03. As per prosecution case, a theft was committed in the shop of the informant and the thief took away 10 gram of gold and Rs. 2,50,000/- cash from the shop. In the CCTV footage, a person was found entering into the shop after opening the shutter and leaving after committing theft. The petitioner is stated to be the thief who committed theft.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.17934 of 2025(3) dt.16-05-2025 2/3 petitioner is innocent and has been falsely implicated in this case. It was not possible to identify the petitioner on the basis the CCTV footage. Moreover, the petitioner is resident of Araria and the occurrence took place in the district of Kishanganj and there was no occasion for the police to compare the person shown in the CCTV footage and come to a conclusion that it was the petitioner. Thus, the petitioner has been made accused in this case merely on suspicion. Learned counsel further submits that there is no other material against this petitioner showing his involvement in the alleged theft. The petitioner is having antecedent of five cases but all these cases are of recent origin. The petitioner is in custody since 22.10.2024 and chargesheet has been submitted.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in

Patna High Court CR. MISC. No.17934 of 2025(3) dt.16-05-2025 3/3 connection with Kochadhaman P.S. Case No. 224 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and 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.

(iii) In case of absence on three 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.

(Arun Kumar Jha, J) Ashish/- U T