Gabbu Miya @ Ashique Ali @ Gabu Miya @ Ashik Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76647 of 2025 Arising Out of PS. Case No.-276 Year-2024 Thana- VIJAYEPUR District- Gopalganj ====================================================== Gabbu Miya @ Ashique Ali @ Gabu Miya @ Ashik Ali son of Pappu Miya @ Ahasanul Miyan Resident of Village- Rakba PS -Bhore District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 317 (2), 317 (4), 317 (5) and 3/5 of the BNS.

3. The case of the prosecution is that the informant along with other police officials proceeded to check vehicles. At that time, three persons riding a motorcycle were seen, they attempted to flee but all of them were apprehended. From the possession of this petitioner Infinix company mobile phone without SIM and a 'knife' were recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner. It is further submitted that he has been framed in

Patna High Court CR. MISC. No.76647 of 2025(3) dt.19-01-2026 2/2 this case only on the basis of his criminal antecedent. It is contended that co-accused, namely, Afjal Ansari @ Afjal Miya has been extended the privilege of bail vide order dated 10.12.2025 passed in Cr. Misc. No. 75108 of 2025. The case of the petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 10.12.2024. 5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that the petitioner has seven criminal antecedents.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vijayipur (Vijaypur) P.S. Case No. 276 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj, subject to the condition that the petitioner shall cooperate in the trial and shall remain physically present before the trial Court each and every date till the disposal of this case.

(Ashok Kumar Pandey, J) Jagdish/- U T