Shahnawaj @ Shahnawaz @ Md. Shahnawaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62390 of 2025 Arising Out of PS. Case No.-556 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Shahnawaj @ Shahnawaz @ Md. Shahnawaj S/O Kalam Mian @ Kalam Miya Resident of Village- Manullahpatti, Police Station- Bhargama, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

3. Allegation in the first information report is that a vehicle loaded with pesticides/fertilizers was stopped by some unknown miscreants and the said vehicle was looted.

4. Learned counsel for the petitioner submits that it would be apparent from the First Information Report itself that the FIR has been lodged against unknown miscreants and the driver of the vehicle, namely, Anmol Kumar is the only person who has been named as accused in the FIR on the basis of suspicion. It is further submitted that the name of the petitioner has surfaced during the course of investigation upon the

Patna High Court CR. MISC. No.62390 of 2025(3) dt.12-12-2025 2/3 confessional statement of one co-accused Amit Kumar and no incriminating article has been recovered from his possession and the looted tractor was rather recovered by the police in an abandoned condition as appears from the materials collected during the course of investigation. The petitioner is in custody since 21.05.2025 and the charge-sheet has been submitted.

5. Learned APP for the State has opposed the application for bail.

6. Taking into consideration the facts and circumstances and also considering the fact that the petitioner has been made accused only on the basis of confessional statement of co-accused before the police which has no evidentiary value coupled with the fact that the petitioner is in custody since 21.05.2025 and the charge-sheet has been submitted, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Banmankhi P.S. Case No. 556 of 2023, subject to the conditions that:

(I) One of the bailors shall be the father of the petitioner who is a resident of District of Araria.

Patna High Court CR. MISC. No.62390 of 2025(3) dt.12-12-2025 3/3 (II) The petitioner would appear physically on each and every date in the learned court below and would cooperate in the conclusion of trial and if the petitioner does not appear on two consecutive dates without any substantial and satisfactory reason, the learned court below would be at liberty to cancel his bail bonds. .

(Soni Shrivastava, J) devendra/- U T