Md. Afroz @ Md. Afroj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24782 of 2026 Arising Out of PS. Case No.-434 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== Md. Afroz @ Md. Afroj S/o Md. Rojit R/o Village - Bhirkhi, Ward no. 26, P.S. - Madhepura, Dist. - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nasar Iqbal, Advocate Mr. Nafisu Zzoha, Advocate Ms. Afsha Mokhtar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Madhepura P.S. Case No.434 of 2025 registered for the offence punishable under Sections 317(4), 317(5) and 3(5) of the BNS.

3. The case of the prosecution, in short, is that two persons were apprehended by local people on the charges of stealing bike. One person managed to escape and one apprehended person disclosed his name as Mithilesh Kumar and he also disclosed the name of this petitioner as the person who has managed to escape.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.24782 of 2026(2) dt.16-04-2026 2/3 petitioner has submitted that from perusal of the FIR it will transpire that the entire story revolves around co-accused Mithilesh Kumar. Learned counsel for the petitioner has submitted that the name of this petitioner has surfaced only on the basis of confessional statement of Mithilesh. Learned counsel for the petitioner has submitted that the petitioner has been made accused in this case only on the basis of his criminal antecedents. Petitioner is having criminal antecedent of 13 cases and he is in judicial custody since 08.12.2025. Learned counsel for the petitioner has lastly submitted that no recovery has been made from the possession of the petitioner.

5. The application for bail is opposed by learned APP for the State.

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 with the condition that the petitioner shall co-operate in the trial; shall remain physically present on each and every date in the trial court and shall also mark his attendance weekly at Madhepura P.S. 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

Patna High Court CR. MISC. No.24782 of 2026(2) dt.16-04-2026 3/3 the court of learned C.J.M., Madhepura in connection with Madhepura P.S. Case No.434 of 2025.

(Ashok Kumar Pandey, J) durgesh/- U T