Md. Zilani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30625 of 2025 Arising Out of PS. Case No.-168 Year-2020 Thana- BAISI District- Purnia ====================================================== Md. Zilani S/O Apil @ Md. Apil R/O Village- Sathiyara, P.S- Baisi, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar,Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2025 Heard Mr.Raj Kumar, learned counsel for the petitioner and Mr.Yogendra Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 12.05.2024 in connection with Baisi P.S. Case No.168 of 2020, F.I.R. dated 12.07.2020 registered for the offence punishable under Sections 395,397,400,402,412 and 120-B of IPC.
3. The FIR of the occurrence of dacoity is against unknown.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Md.Arsad which was recorded in Baisi P.S.Case No. 18 of 2021 under Sections 399,400,402 of
Patna High Court CR. MISC. No.30625 of 2025(2) dt.09-05-2025 2/3 IPC and Sections 25 (1-b)a,26 of Arms Act and Sections 3,4,5, and 6 of Explosive Substance Act. Learned counsel for the petitioner submits that except the aforesaid, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. Although the recovery has been made from possession of co-accused person, and co-accused person, namely, Md. Arsad has also disclosed the name of other coaccused person, namely, Abdul Mannan @ Rabbani and he has been granted bail by this Court vide order dated 11.04.2022 passed in Cr. Misc. No.57939 of 2021 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 12.05.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.
6. Considering the aforesaid fact, name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person and coaccused person has been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.30625 of 2025(2) dt.09-05-2025 3/3 like amount each to the satisfaction of learned J.M. 1st Class, Purnea in connection with Baisi P.S. Case No.168 of 2020, with the following conditions:- (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/her absence on two consecutive dates without sufficient reason, his/her 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T