Mohd. Isamul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51784 of 2025 Arising Out of PS. Case No.-22 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Mohd. Isamul Son of Mani Lal Dhuniya @ Mani Hussain R/O Village- Korai Ward No.- 09, P.S.- Garhpura, District- Begusarai- 848204 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarjeet Choudhary For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Hasanpur P.S. Case No. 22/2024 dated 28.02.2024 registered for the offence punishable u/ss 392, 411 and 414 of the Indian Penal Code.
3. As per the prosecution case, four unknown miscreants are alleged to have looted a Yahama bike, Aadhar card, a mobile phone and Rs. 30,000/- from the informant on the point of pistol and they fled away with the said motorcycle.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated
Patna High Court CR. MISC. No.51784 of 2025(2) dt.01-11-2025 2/3 in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.04.2025. Similarly situated co-accused has already been granted bail by this court vide order dated 31.07.2024 passed in Cr. Misc. No. 48015 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that at the instance of the petitioner and the co-accused person, the looted motorcycle was recovered from the house of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rosera (Samastipur) in connection with Hasanpur P.S. Case No. 22/2024, with the condition/s:- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.51784 of 2025(2) dt.01-11-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T