Md Shahnawaz @ Md Shahnwaj @ Shahnawaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32800 of 2026 Arising Out of PS. Case No.-474 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Md Shahnawaz @ Md Shahnwaj @ Shahnawaj S/o Kalam Resident of village- Manullahpatti, Chap Tola, Ward No- 07, P.S.- Bhargama, DistrictAraria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioner and Ms. Sangeeta Sharma, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 22.12.2025 in connection with Raniganj P.S. Case No. 474 of 2024 for the offence punishable under Sections 310(2) of BNS and Sections 25(1-b), 26 and 27 of Arms Act.

3. The case of the prosecution, in brief, is that on 22.10.2024 at 04:45 hrs while the informant along with other businessman were returning from Lohagada, Kishanganj and reached at Godah Belsara Canal all of sudden six motorcycle rider on two motorcycle armed with weapon intercepted them on the point of fire arm. It is further alleged that the miscreants

2/4 overpowered the driver of Pickup and thereafter they took away cash Rs. tree lacs from informant, Rs. 1,60,000/- from Shankar Yadav, Rs. 1,55,000/- from PIntu Yadav, Rs. 80,000/- from Israfil, Rs. 55,000 from Mithun Yadav, Rs. 55,000 from Suti Mukhiya and Rs. 9,000 to 30,000 from other five persons and thereafter they fled away towards Chandi Pul. The miscreants also assaulted them during the occurrence.

The informant further alleged that the miscreants concealed their face with Gamachha and further explained the age and physic of miscreants.

4. Learned counsel for the petitioner submits that initially the petitioner was not named in the FIR and the name of the petitioner has transpired on the confessional statement of coaccused person, namely, Arvind Kumar Yadav and except the aforesaid nothing has come to suggest the involvement of the petitioner with the present occurrence. It is next submitted that nothing has been recovered from the conscious possession of the petitioner or from the house of the petitioner and till date no TIP has been conducted of the prosecution. It is next submitted that similarly situated co-accused person, namely, Arvind Kumar Yadav, who has confessed the name of the petitioner, has been granted regular bail vide order dated 28.01.2026 passed in Cr.

3/4 Misc. No. 3906 of 2026 by a Coordinate Bench of this Court and police after investigation has submitted charge-sheet and petitioner is in custody since 22.12.2025.

5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of two cases other than the present case but fairly submits that petitioner is on bail in the pending matters.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, 1st/Concerned Court, Araria in connection with Raniganj P.S. Case No. 474 of 2024, subject to 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 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

4/4 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) Gaurav Sinha/- U T