Iliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82216 of 2024 Arising Out of PS. Case No.-930 Year-2024 Thana- NAWADA District- Nawada ====================================================== 1.

Iliyas Son of Najuddin Resident of Vilage- Thanda Nala, Gular Bhoj, Udham Singh Nagar, P.S.- Gadarpur, Uttarkahand 2.

Sadak Hassan Son of Alimuddin Resident of Vilage- Thanda Nala, Gular Bhoj, Udham Singh Nagar, P.S.- Gadarpur, Uttarkahand 3.

Md. Arif Son of Kamaluddin Resident of Vilage- Thanda Nala, Gular Bhoj, Udham Singh Nagar, P.S.- Gadarpur, Uttarkahand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suryajit Prakash, Advocate For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 30-01-2025 Heard learned counsel for the petitioners and Mr. B.N. Pandey, learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 310(4), 310(5) and 112(2) of the B.N.S.S.

3. The case of the prosecution is that Firoz Khan and Mohammad Rafique gave statement before police in Nawada Town P.S. Case No.597 of 2024 that their associates are gathered and they may commit some crime. On this information, police arrested these petitioners. From possession of Sadak Hassan (Petitioner No.2), one brass bowl, a small twig,

Patna High Court CR. MISC. No.82216 of 2024(3) dt.30-01-2025 2/3 small pieces of stones and one mobile of Infinity company. From possession of Iliyas (Petitioner No.1), one mobile was recovered and from possession of Md. Arif (Petitioner No.3), one mobile and folding knife was recovered. On being asked the petitioners revealed to the police that they are indulged in cheating the common persons.

4. Learned counsel appearing on behalf of the petitioners has submitted that the articles which are seized from the accused persons does not go to show that they were indulged in planning some offence. He further submits that there is only allegation that the petitioners were indulged in cheating but there is no one who has complained of cheating by these petitioners. The petitioners are in custody since 16.08.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of the learned court of Chief Judicial Magistrate, Nawada in

Patna High Court CR. MISC. No.82216 of 2024(3) dt.30-01-2025 3/3 connection with Nawada Town P.S. Case No. 930 of 2024.

7. Accordingly, the present bail application stands allowed.

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