Md Junaid @ Janabul @ Md Janabul @ Junaid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24528 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- BARARI District- Katihar ====================================================== Md Junaid @ Janabul @ Md Janabul @ Junaid Alam S/o Md Kabir @ Kabir R/o Vill- Husena, P.S.- Barari, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Barari P.S. Case No. 274 of 2024 instituted for the offences under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that 6-7 unknown miscreants entered the house of the informant and looted ornaments worth Rs. 4-5 lakhs and cash amounting to Rs. 5 lakhs, on the point of pistol and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.24528 of 2025(4) dt.29-07-2025 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Nawaz Sharif. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2024 and has five criminal antecedents. The co-accused persons have already been granted bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 15407 of 2025 and Cr. Misc. No. 16036 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court

Patna High Court CR. MISC. No.24528 of 2025(4) dt.29-07-2025 3/3 below/concerned Court in connection with Barari P.S. Case No. 274 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T