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Patna High CourtCR. MISC./48843/2025bail granted

Sahid Ali @ Md. Sahid Ali @ Md. Shahid v. The State Of Bihar

2025-08-08Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48843 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- PAKARIBARAW District- Nawada ====================================================== Sahid Ali @ Md. Sahid Ali @ Md. Shahid S/O Mustafa Kamal Resident of Village- Gewalbigha, PS- Rampur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-08-2025 Heard Mr. Sanjay Kumar Sinha, learned counsel for the petitioner and Mr. Aditya Narayan Singh, learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pakri Barawa PS Case No. 36 of 2025 registered on 25.01.2025 under sections 305, 331(4) of Bhartiya Nyay Sanhita.

3. As per the prosecution case on 24.01.2025 at 5.00 PM when the informant, as usual, after closing his jewellery shop had gone to his home and when he came back to his shop in the next morning, he found that the shutter and lock of his shop were broken. When he entered into his shop, he found that some of the gold and silver jewelries of about Rs. 6,30,000/- and also the cash of Rs. 15,000/- were looted away.

Patna High Court CR. MISC. No.48843 of 2025(2) dt.08-08-2025 2/3

4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the case and the FIR is against unknown. It has also been submitted that though the petitioner has got five criminal antecedents but he is not named in the FIR in any of them and after arrest in Hisua PS Case No. 30 of 2025, he has been remanded in all other cases. Nothing incriminating has been recovered from the conscious possession of the petitioner. It has further been submitted that similarly situated co-accused, namely, Gautam Kumar @ Shibu has been granted bail on 04.08.2025 by a Coordinate Bench of this Court vide Cr. Misc. No. 47330 of 2025. Lastly, it has been stated that the petitioner is in custody since 19.04.2025.

5. On the other hand, learned APP vehemently opposed the prayer for bail submitting that the petitioner has got five criminal antecedents and he is a habitual offender.

6. Having regard to the submissions advanced on behalf of the parties and the fact that nothing has been recovered from the possession of petitioner, FIR is against unknown and similarly situated co-accused, namely, Gautam Kumar @ Shibu has been granted bail by a Co-ordinate Bench of this Court, the Court directs the petitioner to be enlarged on bail in connection

Patna High Court CR. MISC. No.48843 of 2025(2) dt.08-08-2025 3/3 with aforesaid PS Case on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Nawada.

(Ajit Kumar, J) perwez U T