Iliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.849 of 2025 Arising Out of PS. Case No.-597 Year-2024 Thana- NAWADA District- Nawada ====================================================== 1.

Iliyas S/O Najuddin R/O Vill.- Thanda Nala, Gular Bhoj, District-Udham Singh Nagar, P.S.- Gadarpur, Uttarkhand.

2.

Sadak Hassan @ Sadik Hassan S/O Alimuddin R/O Vill.- Thanda Nala, Gular Bhoj, District-Udham Singh Nagar, P.S.- Gadarpur, Uttarkhand. 3.

Md. Arif S/O Kamaluddin R/O Vill.- Thanda Nala, Gular Bhoj, DistrictUdham Singh Nagar, P.S.- Gadarpur, Uttarkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suryajit Prakash, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Nawada Town P.S. Case No. 597 of 2024 instituted for the offences under Section 392 of the Indian Penal Code. 3.

As per prosecution case, while the Informant's mother was returning home after a morning walk at 6.40 am on 24.05.2024, in the same sequence, near Saint Joseph School, two persons snatched the gold necklace from her neck and gold bracelet from her hand, weighing about 2-2.5 Tolas. 4.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.849 of 2025(3) dt.10-01-2025 2/3 petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case merely on the basis of suspicion. The petitioners are not named in the F.I.R. rather the same has been lodged against two unknown accused persons. The name of the petitioners have transpired in this case on the basis of the tower location. He further submits that no theft article has been recovered from the conscious possession of the petitioners. The petitioners have not been put on T.I. Parade. The petitioner Nos. 1 & 3 have two criminal antecedents each whereas petitioner No.2 bears one criminal antecedent and they are languishing in judicial custody since 08.09.2024 without any rhymes or reason. Other co-accused have been granted bail by this Court vide order dated 24-10-2024, passed in Cr. Misc. No. 76303 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with

Patna High Court CR. MISC. No.849 of 2025(3) dt.10-01-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Town P.S. Case No. 597 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T