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Patna High CourtCR. MISC./26883/2026allowed

Madaran Mian @ Md. Madaran Ansari v. The State Of Bihar

2026-04-23Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26883 of 2026 Arising Out of PS. Case No.-83 Year-2005 Thana- CHANDAN District- Banka ====================================================== Madaran Mian @ Md. Madaran Ansari, Son of Late Hadish Mian, Resident of Village- Kanodi, P.S.- Chandan (Anandpur), District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 457 and 380 and subsequently cognizance has been taken under Sections 395, 412 of I.P.C.

3. The case of the prosecution, in short is that unknown miscreants have entered in the house of the informant and looted the valuables.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned cousnel for the petitioner has submitted that the F.I.R. was lodged against unknown miscreants. During course of investigation, the name

Patna High Court CR. MISC. No.26883 of 2026(2) dt.23-04-2026 2/3 of this petitioner has surfaced. It has further been submitted that the learned trial Court has recorded that the name of this petitioner has surfaced in para 16 of the case diary during investigation by the police. It has further been submitted that nothing has been recovered from his possession. It has further been submitted that similarly situated co-accused persons have been granted bail by learned co-ordinate Benches of this Court vide Cr. Misc. Nos. 16886 of 2006, 21686 of 2006, 35915 of 2006 and 31143 of 2006. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 05.01.2026

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that this is a case of the year 2005 and the petitioner has appeared/surrendered at such a belated stage.

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. The above named petitioner is directed to be released on bail in connection with Chandan (Anandpur) P.S. Case No. 83 of 2005 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 1st Class, Banaka with the following conditions:-

Patna High Court CR. MISC. No.26883 of 2026(2) dt.23-04-2026 3/3 (i) The petitioner shall cooperate in the trial and shall remain physically present on each and every date in the learned trial Court.

(ii) One of the bailors shall be near relative of the petitioner.

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