Md. Ahsan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29660 of 2025 Arising Out of PS. Case No.-128 Year-2024 Thana- SOHSARAI District- Nalanda ====================================================== Md. Ahsan Md. Gulam Sarvar @ Gulam Sarvar Resident of Vill- Musepur, P.S.- Sohsarai, District- Nalada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-10-2025 Heard Mr. Anil Chandra, learned counsel for the petitioner and Mr. Binod Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sohrai P.S. Case No. 128 of 2024, F.I.R. dated 29.05.2024 for the offences punishable under Sections 414, 413 of the Indian Penal code.

3. As per the First Information Report, it is alleged that the petitioner is involved in sale-purchase of stolen motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of disclosure made by apprehended co-accused person, namely, Tinku Paswan and except the aforesaid, no cogent material is available on record

Patna High Court CR. MISC. No.29660 of 2025(3) dt.09-10-2025 2/3 which suggest the involvement of the petitioner in the present occurrence.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that from bare perusal of the FIR it appears that the petitioner escaped from the place of occurrence and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.

6. Considering the aforesaid facts and circumstances that the petitioner name has been transpired in the present case merely on the basis of disclosure made by apprehended coaccused person, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned J.M. 1st Class, Bihar Sharif, Nalanda in connection with Sohrai P.S. Case No. 128 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

Patna High Court CR. MISC. No.29660 of 2025(3) dt.09-10-2025 3/3 i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T