Md. Jahangir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84858 of 2024 Arising Out of PS. Case No.-101 Year-2022 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== 1.
Md. Jahangir S/O Ubaid Miya R/O Village- Kalwa, P.S -Harlakhi, DisttMadhubani. 2.
Reyajullah @ Tipu Sultan S/O Md. Nijamuddin @ Nijam Khan R/O VillageBhasar Chowk, P.S- Sitamarhi, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.
2. The petitioners seeks regular bail in connection with Sessions Trial No.55 of 2024 arising out of Shyampur Bhatha P.S. Case No. 101 of 2022 lodged on 20.05.2022, for the offences punishable under Sections 399, 402, 411 of the Indian Penal Code read with sections 25(1-B), (a), 26, 35 of the Arms Act.
3. As per the prosecution, FIR has been lodged against three named accused persons including the present petitioners. As per the FIR, one person was arrested from whose possession
Patna High Court CR. MISC. No.84858 of 2024(2) dt.18-01-2025 2/3 one country made pistol bearing live cartridge, mobile phone and splendor motorcycle was recovered and upon his disclosure, petitioners' name has been figured in this case.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that nothing has been recovered from petitioners possession nor they were put on TIP and their name has been figured in this case only by virtue of the confessional statement of the co-accused who has been granted bail by this Court vide order dated 19.04.2023 passed in Cr. Misc. No. 26402 of 2023. Counsel submits that the criminal antecedent of the petitioners are not clean as there is one criminal case each pending against them in which they are on bail. The petitioners are in custody since 26.04.2024 in the present case.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In the present facts and circumstances of this case, let the petitioners above named be granted bail, but only after framing of charge, if not framed, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge, Sheohar in connection with Sessions Trial No.55 of 2024 arising
Patna High Court CR. MISC. No.84858 of 2024(2) dt.18-01-2025 3/3 out of Shyampur Bhatha P.S. Case No. 101 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J) Divyansh/- U T