Arwaz @ Arbaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45298 of 2025 Arising Out of PS. Case No.-130 Year-2025 Thana- ARARIA District- Araria ====================================================== 1.

Arwaz @ Arbaz S/o Rafiquie R/o Village- Gaira, PS- Araria, Dist- Araria 2.

Sarfaraz S/o Md. Manish R/o vill - Dehti, ward no. 6, P.S.- Palasi, Distt.- Araria 3.

Md. Arshad @ Ashad S/o Late Quasim R/o vill - Dehti, ward no. 6, P.S.- Palasi, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Araria P.S. Case No. 130 of 2025 dated 24.03.2025 registered for the offences punishable u/ss 309(4) of the B.N.S. and Subsequently, Sections 310(2) and 317(3) of the B.N.S. and u/ss 25(1-B)(a), 26 and 35 of the Arms Act were added.

3. As per the prosecution case, while the informant was going to Purnea with the tractor loaded with 160 sacks of paddy, some miscreants came on one black colour Alto and one

Patna High Court CR. MISC. No.45298 of 2025(3) dt.22-09-2025 2/3 white colour Scorpio and blocked the informant's way at Rampur Kodarkatti Musahari on the point of pistol. They got the informant seated in his car and took away the informant's tractor. Therefore, they dropped the informant near Kushiargao Park after snatching his mobile phone.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners has surfaced in this case during the course of investigation. Nothing has been recovered from the conscious possession of the petitioners. From perusal of the impugned order, it appears that 160 sacks paddy was recovered from the godown of Ranjeet Sah and no recovery has been made from the conscious possession of the petitioners. The co-accused person has already been granted bail by this court vide order dated 15.07.2025 passed in Cr. Misc. No. 42692/2025. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 26.03.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners and submitted that a car and two motorcycles which were used in committing loot and a loaded

Patna High Court CR. MISC. No.45298 of 2025(3) dt.22-09-2025 3/3 country made pistol along with live cartridge was recovered from the house of the petitioner, Arwaz.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Araria P.S. Case No. 130 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T