Md. Diljan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49032 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== 1.
Md. Diljan S/O Md. Akhtar R/O Vill.- Dighaun, Ward no. 2, P.S.- Beldaur, Dist.- Khagaria.
2.
Md. Arman S/O Md. Sultan R/O Vill.- Dighaun, Ward no. 2, P.S.- Beldaur, Dist.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ram Sumiran Rai, Advocate For the State :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 309(4) of the B.N.S..
3. As per prosecution case, it is alleged that three unidentified miscreants, on the point of pistol, looted cash, mobile and motorcycle of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are not named in the F.I.R.. Name of petitioners transpired in this case during course
Patna High Court CR. MISC. No.49032 of 2025(3) dt.18-08-2025 2/3 of investigation merely on the basis of confessional statement of co-accused person. Except confessional statement there is no material on record to show the complicity of these petitioners in the alleged occurrence. No looted article has been recovered from possession of these petitioners. Petitioner No. 2 has got no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that Petitioner No. 1 has got three criminal antecedents.
6. Considering the facts and circumstances of the case, nature of accusation and criminal antecedents, the prayer for grant of anticipatory bail to Petitioner No. 1 is rejected.
7. So far as Petitioner No. 2 is concerned, considering the fact that no looted article has been recovered from possession of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to Petitioner No. 2 is allowed.
8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Petitioner No. 2 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.49032 of 2025(3) dt.18-08-2025 3/3 Khagaria in connection with Beldaur P.S. Case No. 22 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
9. With the aforesaid directions, this application stands disposed of.
(Prabhat Kumar Singh, J) shashank/- U T