Sahid Ali @ Md. Sahid Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83786 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- GURUA District- Gaya ====================================================== Sahid Ali @ Md. Sahid Ali S/o Mustafa Kamaal R/o Village - Gewalbigha, P.S - Rampur, District - Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Gurua P.S. Case No. 59 of 2025 instituted for the offence under Sections 334(1) & 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

The prosecution case, in brief, is that unknown miscreants broke the shutter and locker of the informant's jewellery shop at Sahhahi Bazar and committed theft of gold and silver ornaments worth about Rs. 6 lakh along with cash of Rs. 25,000/-.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.06.2025. Petitioner bears six (6) criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.83786 of 2025(3) dt.20-02-2026 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Gautam Kumar @ Shipu, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 10.12.2025, passed in Cr. Misc. No. 68586 of 2025. Nothing has been recovered from the conscious possession of the petitioner. Recovery is made from co-accused, namely, Rajesh Kumar Gupta. Charge sheet has already been submitted in this case. Petitioner was not even put on T.I. Parade to ascertain his complicity in the alleged occurrence. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.83786 of 2025(3) dt.20-02-2026 3/3 below/concerned Court in connection with Gurua P.S. Case No. 59 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T