Md. Nizam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84812 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- JALE District- Darbhanga ====================================================== Md. Nizam S/O Ali Imam Nadaf @ Md. Aliman Bhalhi Resident of VillageBhalahi, P.S.- Bathnaha, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code.

3. The case of the prosecution is that 7 unknown miscreants have entered in the house of the informant and took away valuable articles from the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that name of the petitioner has surfaced on the basis of the confessional statement of co-accused persons. Save and except the confessional statement, nothing has been recovered from the

Patna High Court CR. MISC. No.84812 of 2025(2) dt.15-12-2025 2/2 conscious possession of this petitioner. It is further contended that co-accused persons have been extended the privilege of bail vide order dated 20.08.2025 passed in Cr. Misc. No. 40583 of 2025 by a co-ordinate Bench of this Court. The case of this petitioner stands on similar footing. Moreover, the petitioner is languishing in judicial custody since 09.09.2024. 5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail submitting that the petitioner has six criminal antecedent and is involved in committing dacoity in different districts.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jalley P.S. Case No. 113 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Darbhanga.

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