Ehasan Ahmad @ Md. Ehasan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35850 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Ehasan Ahmad @ Md. Ehasan S/o Md. Jamiruddin R/o Village- Gangta, P.S.- Hanterganj, District- Chatra (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Adv For the Opposite Party/s :
Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 310(2) of B.N.S.
3. The prosecution case in brief is that while the informant was present at his shop, three persons arrived there and they took Rs. 15 lacs from the cash box of the shop and they also looted gold ornaments worth Rs. 9 lacs and three mobile phones.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the case. It is further submitted that the petitioner is not named in the FIR and his name has surfaced during the course of the
Patna High Court CR. MISC. No.35850 of 2025(2) dt.20-06-2025 2/3 investigation. Learned counsel further submits that till date no TIP has been conducted for the verification of the accused persons. The learned counsel has further submitted that from the contents collected during investigation, it is clear that there was only a suspicion raised against the petitioner and two others of having been a party to the said crime. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 29.10.2024.
5. The learned APP for the State has vehemently opposed the prayer for bail and has submitted that the petitioner and others formed a gang and have committed the said loot.
6. Considering the aforesaid submissions made by the parties and taking into account the fact that the petitioner is not named in the FIR, till date no TIP has been conducted and also considering the period of custody, let the petitioner abovenamed, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya, in connection with Sherghati P.S. Case No. 452 of 2024 subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on
Patna High Court CR. MISC. No.35850 of 2025(2) dt.20-06-2025 3/3 each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned 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.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T