Md. Jahangir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38708 of 2025 Arising Out of PS. Case No.-409 Year-2021 Thana- BANKA District- Banka ====================================================== Md. Jahangir S/o Md. Wazir Resident of village- Kharihara, PS- Barahat, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Banka P.S. Case No.409 of 2021 registered under Sections 395 and 397 of the I.P.C.
3. As per prosecution case, 5-6 unknown miscreants came and knocked the door of the informant's cash counter. When the informant had not opened the door, the miscreants hurdled bomb due to which the door opened. It is further alleged that miscreants looted Rs.10 lakhs from the cash counter. It is also alleged that the miscreants started firing on account of which the informant sustained gun injury in his right elbow.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has been falsely implicated in this case on the basis of confessional statement of co-accused. Petitioner has not been arrested on the
Patna High Court CR. MISC. No.38708 of 2025(3) dt.14-08-2025 2/2 spot nor any incriminating article has been recovered from his possession and also he has not been put on T.I.P. It is further submitted that similarly situated co-accused persons, namely, Md. Sartaz and Md. Tarannum have already been granted regular bail by Coordinate Benches of this Court vide orders dated 19.07.2023 and 24.06.2025 in Cr.Misc.No.40386 of 2023 and Cr.Misc.No.37296 of 2025 respectively. Petitioner has no criminal antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 11.04.2025 and he undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the above facts and circumstances of the case as well as the submissions of learned counsels for the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.409 of 2021. (Sunil Dutta Mishra, J) Harish/- U T