Md. Jahangir @ Shaka @ Jagir @ Shaka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1206 of 2025 Arising Out of PS. Case No.-226 Year-2019 Thana- SIMRI District- Darbhanga ====================================================== Md. Jahangir @ Shaka @ Jagir @ Shaka Son of Late Md Reyazul Haque @ Dhashu Khan R/O-Village- Rampur Saghri, PS- Auraiya, DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Preety Kunwar For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Simri P.S. Case No. 226 of 2019 dated 07.12.2019 registered for the offences punishable u/ss 399, 402, 414, 120B of the Indian Penal Code and sections 25(1-A), (1-AA), 26(2), 35 of the Arms Act.
3. As per the prosecution case, police got information that the petitioner and the co-accused persons were planning for committing crime. When police reached there, they started fleeing away but some of them were apprehended and on search, four country made pistols and 11 live cartridges were recovered from the possession of the co-accused persons.
Patna High Court CR. MISC. No.1206 of 2025(2) dt.02-04-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not present at the place of occurrence. The name of the petitioner has sprung up in the confessional statement of the apprehended co-accused. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 01.03.2021 passed in Cr. Misc. No. 31019 of 2020. The petitioner has 11 criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Simri P.S. Case No. 226 of 2019, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.1206 of 2025(2) dt.02-04-2025 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T