Md. Atabul @ Md. Jalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51514 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Md. Atabul @ Md. Jalil, Son of Late Md. Kalam, Resident of villageChainsinghpatti, Ward No. 08, Police Station - Supaul, District - Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Supaul P.S. Case No.66 of 2025 registered for the offences punishable under Sections 310(4), 310(5) of the Bhartiya Nyaya Sanhita (for short 'B.N.S.') as well as Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The accused/petitioner is named in the FIR and is in custody since 11.02.2025.

4. Allegation against the petitioner is to involve in preparation for dacoity along with other co-accused persons.

5. It is submitted by learned counsel appearing for petitioner that upon search, the only mobile phone was

Patna High Court CR. MISC. No.51514 of 2025(2) dt.17-09-2025 2/3 recovered from the possession of this petitioner, which was his personal mobile and mere with this recovery, it cannot be said that the petitioner was involved in preparation for dacoity. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover the petitioner found involved in two more criminal cases, where he is on bail.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. In view of aforesaid facts and circumstances and by taking note of fact as nothing incriminating prima facie appears recovered from the possession of this petitioner, which may suggest that the petitioner prima facie was involved in preparation of dacoity, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 11.02.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.51514 of 2025(2) dt.17-09-2025 3/3 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.66 of 2025, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T