Md. Ekhlaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85644 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md. Ekhlaque, Son of Late Safiur Rahman @ Shahera, R/o Village - Garhara, P.S. - Amour, Distt. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mazher Alam, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Kochadhaman P.S. Case No. 11 of 2024 registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of Explosive Substance Act.
3. The case of the prosecution, in short, is that the unknown miscreants entered into the house of the informant and looted ornaments after breaking almirah and box. It is also alleged that the inmates of the house were assaulted badly.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.85644 of 2025(2) dt.16-12-2025 2/3 case. His name has surfaced during investigation in the confessional statement of one of the co-accused Mustakim. It has further been submitted that nothing has been recovered from his possession. Save and except the confessional statement of co-accused Mustakim, nothing is there against him. It has also been submitted that said Mustakim and other similarly situated co-accusedpersons have been granted bail by learned Coordinate Bench vide Cr. Misc. No. 38301 of 2024 and 12246 of 2025 respectively. The case of this petitioner stands on similar footing. Petitioner is languishing in judicial custody since 11.07.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of 11 cases.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Kishanganj in connection with Kochadhaman P.S. Case No. 11 of 2024 with the condition that petitioner
Patna High Court CR. MISC. No.85644 of 2025(2) dt.16-12-2025 3/3 shall cooperate in the trial and shall be physically present on each and every date in the trial Court till the disposal of the case.
(Ashok Kumar Pandey, J) lata/- U T