Md. Ahshan @ Md. Eshain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75477 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== Md. Ahshan @ Md. Eshain Md. Sahrad @ Md. Sajjad Resident of Village - Ballochak, P.S. - Dalsingsarai, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioner seeks 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. The prosecution case, in brief, is that on 21.07.2025, the informant and his wife went to Chapra after locking their house. Later, they were informed that the house lock had been broken and cash of Rs. 25,000/-, gold ornaments, two mobiles, and three watches were stolen.
Patna High Court CR. MISC. No.75477 of 2025(2) dt.11-11-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has 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 petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 30.07.2025 without any rhymes or reason. Other coaccused has been granted bail by this Court vide order dated 04.11.2025, passed in Cr. Misc. No. 73794 of 2025.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
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 petitioner and claim based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.75477 of 2025(2) dt.11-11-2025 3/3 satisfaction of Court below/concerned Court in connection with Surairanjan P.S. Case No. 137 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T