Md. Ekbal @ Md. Akbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79767 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- Sahayak Khajanchi District- Purnia ====================================================== Md. Ekbal @ Md. Akbal S/O Md. Asraf Ali @ Asharaf Ali Resident of Thana Chowk, P.S. - K. Hat, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sahayak Khazanchi P.S. Case No. 98 of 2025, instituted for the offences under Sections 304(2), 317(2), 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023 (corresponding Sec. 411, 413, 414 of I.P.C).

3. Prosecution case, in short, is that unknown miscreants have snatched mobile, ATM card, PAN card, Aadhar Card of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. The name of the petitioner has been surfaced on the

Patna High Court CR. MISC. No.79767 of 2025(2) dt.01-12-2025 2/3 confessional statement of co-accused Rohit Kumar Verma. The petitioner has not been put on T.I.P. The petitioner is not named in the F.I.R. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. After investigation, Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.03.2025 and has seven criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahayak Khazanchi P.S. Case No. 98 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.79767 of 2025(2) dt.01-12-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T