Md. Shabir @ Md. Shaabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73500 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- VAINI District- Samastipur ====================================================== Md. Shabir @ Md. Shaabir, Son of Md. Alam, Resident of Village - Bharokhra, P.S. - Tajpur, Dist. - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2025 Heard Mr. Raja Ram Mishra, learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State.

2. The petitioner has prayed for bail in connection with Waini P.S. Case No. 33 of 2025 registered for the offence punishable under Sections 305 and 331(4) of B.N.S.

3. The case of the prosecution, in short, is that as the wife of informant woke up in the morning, she found that theft has been committed in her house. It is alleged that two mobiles, four thousand rupees and certain valuables have been stolen by unknown miscreants.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The F.I.R. was lodged against unknown miscreants. During course of

Patna High Court CR. MISC. No.73500 of 2025(2) dt.10-12-2025 2/2 investigation, one Md. Murad was apprehended and he has given his confessional statement. The name of this petitioner has surfaced in the confessional statement of Md. Murad. Nothing has been recovered from his possession. Save and except the confessional statement of co-accused, there is nothing against him. It has also been submitted that one of the co-accused Shivam Kumar who was named by Md. Murad, has been granted bail by learned Co-ordinate Bench vide Cr. Misc. No. 78579 of 2025. It has been submitted that the case of this petitioner stands on similar footing. He is languishing in judicial custody since 02.06.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Samastipur in connection with Waini P.S. Case No. 33 of 2025. (Ashok Kumar Pandey, J) lata/- U T