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Patna High CourtCR. MISC./79840/2025bail granted

Md. Aarju Emam v. The State Of Bihar

2026-02-11Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79840 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Md. Aarju Emam S/O Md. Zafar Emam @ Zafar Imam R/o - Ratwara, P.S - Kalyanpur, District - Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2026 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kalyanpur P.S. Case no. 262 of 2025 registered under sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959.

3. As per the prosecution case, the informant states that while he was returning with his brother-in-law (saala) along with some gold and silver ornaments on a motorcycle, two accused persons forced them to stop. The brother-in-law of the

Patna High Court CR. MISC. No.79840 of 2025(4) dt.11-02-2026 2/3 informant was assaulted with a pistol on his head and thereafter the accused took away the bag containing the ornaments, mobile phone and Rs.6,000/- in cash. The informant states that in the light of the motorcycle, he saw the accused persons.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on the basis of his confessional statement made before police. No incriminating article has been recovered from the petitioner's possession. Inspite of his being in custody since 27.7.2025, he has not been put on T.I. Parade and chargesheet has been submitted in the case. The petitioner has no criminal antecedent.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, no incriminating article having been recovered from the petitioner's possession, the petitioner not having been put on T.I. Parade inspite of his being in custody since 27.7.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Kalyanpur P.S. Case no. 262 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.79840 of 2025(4) dt.11-02-2026 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur.

(Partha Sarthy, J) sauravkrsinha/- U T