Md. Arshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73794 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

Md. Arshad Son of Md. Inamul Haque Resident of Village- Kamrown Ps -Dalsingsarai Distrct- Samastipur 2.

Md. Harish Son of Md. Inamul Haque Resident of Village- Kamrown Ps -Dalsingsarai Distrct- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Surairanjan P.S. Case No. 137 of 2025 instituted for the offences under Sections 331(4)/305 of the Bhartiya Nyaya Sanhita, 2023.

3. In the present case, the accusation against the petitioners is of being acting as liner in the commission of theft.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence

Patna High Court CR. MISC. No.73794 of 2025(2) dt.04-11-2025 2/3 as alleged against them and have falsely been implicated in the present case merely on the basis of suspicion. The petitioners are not named in the F.I.R. and their names have surfaced in this case on the basis of the confessional statement of the apprehended co-accused Badal Kumar which has got no evidentiary value in the eye of law. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged occurrence. The petitioners have three criminal antecedents and are languishing in judicial custody since 30.07.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.73794 of 2025(2) dt.04-11-2025 3/3 the satisfaction of Court below/concerned Court in connection with Surairanjan P.S. Case No. 137 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T