Jiyabul Haque @ Jebla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44527 of 2025 Arising Out of PS. Case No.-385 Year-2024 Thana- POTHIYA District- Kishanganj ====================================================== Jiyabul Haque @ Jebla Son of Jalal @ Jajal Resident of village - Fulhara, P.S.- Pothia, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. N.N. Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-07-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. N.N. Tiwari, learned APP for the State.

2. The petitioner seeks bail in connection with Pothia P.S. Case No. 385 of 2024, Sessions Trial No. 89 of 2025 instituted for the offences under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)a of the Arms Act

3. Prosecution case, in short, is that, when the informant was returning after collecting money, four unknown persons snatched his bag containing Rs. 5,90,000/- and document.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation. No incriminating

Patna High Court CR. MISC. No.44527 of 2025(2) dt.17-07-2025 2/2 article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that although there is recovery of Rs. 40,400/- from the petitioner but the same is not the looted money. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.12.2024 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pothia P.S. Case No. 385 of 2024, Sessions Trial No. 89 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T