Md Istiyak @ Iasua @ Isua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30917 of 2025 Arising Out of PS. Case No.-129 Year-2024 Thana- Marnga District- Purnia ====================================================== Md Istiyak @ Iasua @ Isua S/o Md. Hafiz Jainuddin R/o vill - Rampur, ward no. 8, P.S.- Champa Nagar, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maranga P.S. Case No. 129 of 2024, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, three unknown miscreants entered into the informant's CSP cabin and on the point of pistol looted Rs. 1,22,000/- as well as DVR of the CCTV camera installed in the house next door and fled away from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.30917 of 2025(2) dt.08-05-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of tower location of the petitioner which was nearby the place of the occurrence and he has also confessed his guilt before the police which has got no evidentiary value. It is next submitted that no recovery of looted articles have been made from the possession of the petitioner. The petitioner is in custody since 13.08.2024 and has got six criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 03.04.2025 passed in Cr. Misc. No. 691 of 2025.

5. Learned APP 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 and taking into account 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 after framing of charge, if not already framed on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.30917 of 2025(2) dt.08-05-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maranga P.S. Case No. 129 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.

(Rudra Prakash Mishra, J) Rajorshi/- U T