Md. Shahabuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46701 of 2025 Arising Out of PS. Case No.-23 Year-2024 Thana- Vishanpur District- Kishanganj ====================================================== Md. Shahabuddin S/o Late Md. Nuroddin R/o Village- Cherrapatti, Ward No. 9, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 309(4), 309(6) and 109(1) of the B.N.S. and Section 27 of the Arms Act.

3. The case of the prosecution is that the informant was working at a Jewelry shop as helper. On 01.12.2024 at about 9:35 A.M., he proceeded from house of the owner of the said shop with silver and gold ornaments, towards the shop and when he reached near Jama Masjid Bishanpur, three miscreants on a motorcycle intercepted him and on the point of pistol they looted the bag containing silver and gold ornaments.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has further been

Patna High Court CR. MISC. No.46701 of 2025(5) dt.04-12-2025 2/2 submitted that the petitioner is not named in the FIR and his name has transpired only on the basis of confessional statement of the co-accused Md. Saddam. It has also been submitted that nothing has been recovered from the possession of the petitioner and he has been framed in this case due to his criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 18.03.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that the petitioner is having criminal antecedent of eight cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bishanpur P.S. Case No. 23 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I Kishanganj/concerned trial Court.

7. Accordingly, the application stands allowed. (Ashok Kumar Pandey, J) Jyoti/- U T