Hashim Miayn @ Hashim Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23824 of 2025 Arising Out of PS. Case No.-216 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Hashim Miayn @ Hashim Miyan Son of Manzoor Alam Resident of VillageOlaha PS -Harsidhi District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-399 & 402 of the Indian Penal Code as well as Sections-25(1-b)a, 26, 35 of the Arms Act.

3. It is alleged that on the tip off, the informant alongwith the police personnel reached at the place of occurrence wherefrom seeing the police personnel, though the miscreants tried to flee away but two miscreants along with one bullet motorcycle were apprehended. The apprehended miscreants disclosed their names as Manjit Kumar and Sagar Kumar. On search, one country-made pistol with one .315 bore

Patna High Court CR. MISC. No.23824 of 2025(3) dt.06-08-2025 2/3 live cartridge and one mobile were recovered from possession of Manjit Kumar whereas one country-made pistol with one 315 bore live cartridge and one mobile were recovered from possession of Sagar Kumar.

4. It has been submitted on behalf of the petitioner that the petitioner was not arrested at the spot. Nothing was recovered from his possession. Two co-accused persons namely, Manjit and Sagar were apprehended who disclosed the name of the petitioner in their confessional statements. The petitioner is a person of clean antecedent and he is in custody since 02-012025. The confessional statement before the police has no evidentiary value, unless it is leading to recovery.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 learned Judicial Magistrate-Ist Class, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 216 of 2024 subject to the following conditions:

(i) The petitioner shall cooperate with the trial and make himself available as and when required by the court.

Patna High Court CR. MISC. No.23824 of 2025(3) dt.06-08-2025 3/3 (ii) Before accepting the bail bonds, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any other case except the present one, his bail bonds shall not be accepted.

(Nawneet Kumar Pandey, J) A.K.V.//- U T