Md. Habibul @ Md. Habibul Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75082 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- LAUKAHI District- Madhubani ====================================================== Md. Habibul @ Md. Habibul Ahmad S/O Md Tajmul Alam @ Mohd Tazimul R/O Mohalla- Auraha, P.s.- Laukahi, Dist.- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Shah Nawaz Ali, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The present application has been filed for renewing his prayer for bail in connection with Laukahi P.S. Case No.76 of 2024 for the offence under Sections 302 and 120B of Indian Penal Code and Section 27 of the Arms Act.

3. The allegation in the F.I.R is that the petitioner along with others killed the husband of the informant.

4. Learned counsel for the petitioner has submitted that earlier the prayer of the petitioner has been rejected vide order dated 24.02.2025 in Cr. Misc. No.70822 of 2024. It has further been submitted that now stage of the case has changed and charges have been framed and few witnesses have already been examined, who have not supported the case of the

Patna High Court CR. MISC. No.75082 of 2025(3) dt.16-02-2026 2/3 prosecution against the petitioner. Further, similarly situated coaccused Md. Hajrat has already been granted bail by this Court vide order dated 29.07.2025 in Cr. Misc. No. 78722 of 2024 (Annexure-P/6). Further, petitioner is in custody since 20.04.2024 with no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned APP for the State.

6. Taking into consideration the aforesaid facts of the case and considering that charges have been framed in the case and few witnesses have already been examined, who have not supported the case of the prosecution against the petitioner coupled with the fact that similarly situated co-accused Md. Hajrat has already been granted bail by aforesaid order dated 29.07.2025, the petitioner having no criminal antecedent, is directed to be enlarged on bail in connection with Laukahi P.S. Case No.76 of 2024 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 on the following conditions:-

(1) The petitioners shall remain physically present in the learned trial Court on each date and shall cooperate in the

Patna High Court CR. MISC. No.75082 of 2025(3) dt.16-02-2026 3/3 trial. In case the petitioner is absent on the two consecutive dates without sufficient reasons, the learned trial Court would be at liberty to cancel the bail bonds of the petitioner. (Soni Shrivastava, J) harsh/- U T