Md. Armaan @ Md. Shan @ Ahshan @ Md. Arman Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59029 of 2025

Arising Out of PS. Case No.-236 Year-2024 Thana- SITAMARHI District- Sitamarhi

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Md. Armaan @ Md. Shan @ Ahshan @ Md. Arman, aged about 28 years, son of Vaso Ansari @ VAso @ Mohd. Vasi Ansari, resident of village- Mehsaul Got, Ward No.- 25, P.S. and District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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2 05-12-2025

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks bail in connection with Sitamarhi PS Case No.236 of 2024 dated 06.04.2024 (S. Tr. No.14 of 2025), instituted for the offence punishable under Sections 392, 395 and 414 of the Indian Penal Code.

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Prayer of the petitioner for bail was earlier rejected by this Court vide order dated 25.09.2024 passed in Cr. Misc. No.49999 of 2024 with a direction to the trial Court to conclude the trial positively within a period of nine months from the date of receipt of a copy of the said order.

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The prosecution case, in short, is that the on the alleged date of occurrence the informant reached Sitamarhi Bus

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Patna High Court CR. MISC. No.59029 of 2025(2) dt.05-12-2025 2/4

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Stand at 12.35 AM in the night and proceeded for his house at Laxminagar, Ward No.28. On the way, near the gate of Bazar Samiti, five miscreants of the age group of 20-25 years old surrounded him and showed firearm, knife and thereafter abused and assaulted. They threatened to kill him and forcibly snatched his articles and cash of rupees eight thousand from his pocket, mobile, gold ring, Aadhaar Card and PAN Card. The informant has claimed to identify the miscreants upon seeing them. The mobile of the informant was allegedly recovered from the possession of the petitioner.

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Learned counsel for the petitioner submits that coaccused Md. Shan @ Md. Ahsan @ Ahsan @ Ehsaan on whose confessional statement the petitioner has been made accused in this case has been granted bail by a co-ordinate Bench of this Court by order dated 05.05.2025 passed in Cr. Misc. No.26282 of 2025. Further co-accused Md. Sakir and Md. Raja @ Mehboob Raja have been granted bail by this Court vide order dated 18.10.2024 passed in Cr. Misc. No.75584 of 2024 and dated 22.11.2024 passed in Cr. Misc. No.71676 of 2024 respectively. Further submission is that the petitioner is in custody since 06.04.2024 having clean antecedents.

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Learned APP has opposed the prayer for bail.

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Patna High Court CR. MISC. No.59029 of 2025(2) dt.05-12-2025 3/4

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Perusal of the impugned order dated 07.07.2025 shows that charges have not been framed as yet due to nonappearance of one of the co-accused.

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Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Sitamarhi, in Sitamarhi PS Case No.236 of 2024 (S. Tr. No.14 of 2025), subject to the conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

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Patna High Court CR. MISC. No.59029 of 2025(2) dt.05-12-2025 4/4

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for cancellation of bail.

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The application stands allowed.

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(Khatim Reza, J)

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J. Alam/- U T

Md. Armaan @ Md. Shan @ Ahshan @ Md. Arman v. The State of Bihar

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Md. Armaan @ Md. Shan @ Ahshan @ Md. Arman v. The State of Bihar

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