Shahjad Tyagi @ Shahjad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30581 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Shahjad Tyagi @ Shahjad, S/o- Manjur Ahmad, Village- Saifi Colony Police Station- Simmauli District-Hapur State- Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar @ S.K. Anjana, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2025 Heard Mr. Sanjay Kumar @ S.K. Anajana, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.
2. The petitioner is in custody in connection with Patepur P.S. Case No. 271 of 2024 for the offence punishable under Section 309(4) of the B.N.S. lodged on 15.09.2024 by the informant, Subhash Mishra.
3. As per the prosecution story, the informant alleged that the informant is working as a Manager in M/s Gos Logistic Company, Muzaffarpur and his company vehicle bearing registration no. UP78GT-5037 left from Delhi for Assam on 10.09.2024 carrying shikhar Pan Masala, 150 bags of Cigarette were loaded on this vehicle. This vehicle was overtook by DCM truck and 3-4 unknown persons took the vehicle near newly
Patna High Court CR. MISC. No.30581 of 2025(3) dt.06-08-2025 2/3 constructed godown of one Dinesh Thakur and all the goods were unloaded there.
4. Learned counsel for the petitioner submits that his name has surfaced in this case on the confessional statement of one Sajid Tyagi @ Sajid, who has been extended bail by a coordinate Bench of this Court in Cr.Misc. No. 32657 of 2025 vide order dated 22.05.2025. He is in custody since 24.12.2024. Though he concedes that the petitioner has two criminal antecedents, if granted bail, he shall diligently appear in trial.
5. Learned APP opposes the prayer for bail.
6. Taking into account the submission of the parties as also that the petitioner is in custody since 24.12.2024 and similarly placed accused on whose confession, the petitioner has been picked up, has been extended bail as stated above, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Vaishali at Hajipur in connection with Patepur P.S. Case No. 271 of 2024, subject to the following conditions:
Patna High Court CR. MISC. No.30581 of 2025(3) dt.06-08-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) manoj/- U T