Md. Arafat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60640 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- SATHI District- West Champaran ====================================================== Md. Arafat Son of Md. Intahar Resident of Village - Chand Barwa, Ps- Sathi, Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sathi P.S. Case No. 135 of 2025 registered for the alleged offences under Section 309(6) of B.N.S.
3. As per prosecution case, the informant was robbed by three persons of his motorcycle and mobile phone and they also stabbed the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no material to show the involvement of the petitioner in the aforesaid occurrence. The name of the petitioner transpired during investigation of being involved on
Patna High Court CR. MISC. No.60640 of 2025(2) dt.10-09-2025 2/3 the basis of confessional statement of the co-accused persons and also the self confessional statement of the petitioner as well. But nothing incriminating has been recovered from the person or possession of the petitioner and the recovery of looted articles have been shown from other co-accused persons. The petitioner was not even put to any Test identification Parade and his identity could not be established as one of the robbers. Learned counsel further submits that one of the co-accused, namely Nagendra Kumar @ Nagendra Patel has been granted bail by a Co-ordinate Bench vide order dated 09.09.2025 passed in Cr. Misc. No. 60005 of 2025. The petitioner is having clean antecedent and charge sheet has been submitted. The petitioner is in custody since 06.06.2025.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.60640 of 2025(2) dt.10-09-2025 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran/concerned Court in connection with Sathi P.S. Case No. 135 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T